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Full text of "Cobbett's complete collection of state trials and proceedings for high treason and other crimes and misdemeanors from the earliest period to the present time ... from the ninth year of the reign of King Henry, the Second, A.D. 1163, to ... [George IV, A.D. 1820]"

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^ 


State  Trials. 


VOL.  xm. 


COMPLETi^:^;10llil.ECTION 

yy  :.-!•-' 

State    Trials 

AND 

PROCEEDINGS   FOR   HIGH   TREASON   AND   OTHER 
CRIMES  AND  MISDEMEANORS 

FKOM  THE 

EARLIEST  PERIOD  TO  THE  PRESENT  TIME, 

WITU  irOTES  AJ^D  OTHER   ILLUSTRATIOJ^S 

COMPILED  BY 

T.  B.  HOWELL,  Esq.  F.R.S.  F.S.A. 


VOL.  xra. 


LONDON: 

nUNTBD  BY  T.  C  HAMSARD.  PBTERBOROUOH-OOUIIT,  FLBBT-STREBTi 

nw  LONOHAM,  B17B8T,  RBES,  ORHE,  &  BROWNE ;  J.  RICHARDSON ;  BLACK^ 
PARRY,  &  KINOWCRY  ;  J.  HATCHARD ;  E.  LLOYD ;  S.  BUDD  ;  < 

J.  PAULDBS;  J.  BOOKER ;  CRADOCK  k  JOT;  S.  JBFFBBY; 
R.  B.  STAMi;  i.  BOOTH ;  AND  T.  C.  HANSARD. 

1B12. 


TABLE  OF  CONTENTS 


TO 


VOLUME  XIIL 


*«*    The  new  Artides  are  merhed  [N.] 


Page 
SM.    The  Trial  of  Sir  JOHN  FREIND,  knt.  at  the  Old-Bailey,  for 

High  Treason,  a.  d.  1696 ] 

386.    The  Trial  of  Sir  WILLIAM  PARKYNS,  knt.  at  the  Old-Bailey, 

for  Hi^  Treason,  a.  d.  1696 63 

%6.    The  Trial  of  AMBROSE  ROOKWOOD,   for    High  Ti^luon, 

A.D.  1696 139 

:S7.    The  Trial  of  CHARLES  CRANBURNE,  for  High  Treason,  a.  d. 

1696 • I • ••»•••••    SS2 


3S&    TheTrialofROBERTLOWICK^forHighTreason,  A.D.  1696...    S6' 


389.    The  Trial  of  PETER  COOK,  at  the  Old-Bailey,  for  High  Treason, 

A.D.  1696    311 

900.    Tlie  Trial  of  ALEXANDER  KNIOHTLEY,  at  the  King's-Bench, 

fiirHigliTreMoi^  A.D.  1696 398 

391.  The  Ph)oeediDg8  against  the  Three  Nonjuring  Clergymen,  Mr. 
COLLIEE,  Mr.  CQPK,  and  Mr.  SNATT,  for  piAUdy  absolr- 
ing  Sir  WilUam  VeApm  and  Sir  John  Fraind  at  Tyburn,  a.  n. 
1096 ,.«u..M, , 406 


TABLE  OF  CONTENTS. 

Pd5pr 
asa.    The  Trial  of  JOSEPH  DAWSON,   EDWARD  FORSEITH, 

WILLIAM  MAY,  WILLIAM  BISHOP,  JAMES  LEWIS, 

and  JOHN  SPARKES,  at  the  OM-Bailqr,  for  Fdooy  and  Piracy, 

A.  D.  1696 ^ c 451 

393.  The  T^  of  Oq^tab  THOMAS  YAUGHAN,  at  the  Old-Bafley, 

for  High  Treason  on  the  High  Seas,  a.d.  1696 486 

394.  Froceedmgs  in  Rtfliament  against  Sir  JOHN  FENWICK,  hart. 

upon  a  Bill  of  Attainder  lor  Hijg^  TveasoD,  a.  d.  1696 538 


395.  The  Case,  with  the  Proceedings  against  Mijor  JOHN  BERNARDI, 
Mr.  COUNTER,  Mr.  BLACKBURN,  Mr.  CASSELS,  Mr. 
CHAMBERS,  and  Mr.  MELDRUM,  on  Account  of  the  Assas- 
sination-Plot, A.  D.  1696     759 

896.  Proceedings  agmnst  Sir  DUNCAN  CAMPBELL,  and  other  Hen- 
tors  of  the  Shire  of  Avgyle,  lor  High  Treason,  a.  d.  1686-1687. 
[Nov  first  printed  from  the  Records  of  Justiciaiy  m  Edin- 
burgh.] [N.] 787 

397.  Phiceedings  in  the  P^liament  of  Scotland  against  the  Viaooont  of 

DUNDEE  and  others,  for  High  Treason,  a.  d.  1690.   [Now  first 
priiMd  fircim  the  Flsrlnmentary  Records  at  Edinburgh]  [N.]...    818 

398.  The  Trial  of  ALEXANDER  HALYBURTON  and  WM.  ERA- 

SER, frr  High  Treason,  a.  d.  1692.     [Now  first  pnnted  from 

the  Beoords  of  Justiciary  in  Edinbnrgfa.]  [N.] 831 

399.  FtooeedingB  against  Captain  JAMES  MIDDLETOUN  and  others, 

ion  High  Treason,  a.  d.  1694.    [Now  first  published  from  the 
Records  of  Justiciaiy  at  Edinburgh.]  [N.]    849 

400.  Plrooeediags  in  the  Psriiaasent  of  Scodsnd  lespectii^  the  MAS- 

SACRE OF  GLENCO,  A.D.  1695.  [N.] 879 

401.  Prooeedings  gainst  STHOMAS  AIKENHEAD,  for  Blaspheeajr, 

A.  D.  1696.    [Now  first  printed  from  the  Reooids  of  Justiciary 

in  Edinburgh,  and  MSS.  the  property  of  Lord  King.]  [N.] 918 

402.  .The  Trial  of  EDWARD  Bari  of  WARWICK  and  HOLLAND, 

.    befoietfMHinwofLoids,fortbeMiirderof  Richard  Coote,  esq. 
A.  p.  1689   M.i*    999 


Pag§ 
40S.    Hit  TM  of  CHABLES  pni  IfDHUN,  btfert  the  Houie  of 

Locds»  for  the  Miudte  tf  Ridbtrd  CddCe,  em^A.^  1G09 1034 

404.  Abrief  Aoeomtdf  CheTirkI  of  CHARLES  DUNCOMBB,  egq. 
bifimdie  Lotd  Chief  Jualice  Helt,  at  the  King^i-Bendi  Bar  in 
Wfrtininfftf  ^iJ^j  i^on  an  Infennatioii  for  fidae  indorsing  of  Ex- 
dieqoer  Bills,  and  paying  them  into  the  Exchequer,  as  if  they 
had  been  first  paid  into  the.  Excise  Office  upon  that  Branch  of  the 
Berenue^,  a.  d.  1699.   [Now  first  printed  from  a  MS.  in  the  Pos- 

kc^theEailctfBadnor.]  [N.] 10G8 


405.  He  Trial  of  SPENCER  COWPER,  esq.  ELLIS  STEPHENS, 

¥^ILLIAM  ROGERS,  and  JOHN  MARSON,  at  Hertford 
AMiies,  for  the  Murder  of  Mrs.  Sarah  Stout,  a.  d.  1699    1106 

Hie  CASE  of  SPENCER  COWPER,  e^q.  JOHN  MAR- 
SON,  ELLIS  STEPHENS,  and  WILLIAM  ROGERS, 
gentlemen.    [Published  by  them  in  1699.] • 1190 

406.  The  Trial  of  MARY  BUTLER,  alias  STRICKLAND,  at  the  Old 

Bailey,  for  Forging  a  Bond  of  4O,000L  in  the  Name  of  Rob«t 
Ckyton,  a.d.  1699 ^ 1S60 

407.  FrDceedmgs  in  Pkurliament  against  THOMAS  Duke  of  LEEDS,  on 
an  Impeachment  of  High  Crimes  and  Misdemeanors,  a.  d.  1695- 
1701 '.  1S6S 

408.  The  Trial  of  PATRICK  KINNYNMOUNT,  for  Bh^hemy  and 

Aduheiy,  A.n.  1697«    [Now  first  printed  firom  the  Records  of 
Justiciary  in  Edinbori^]  [N.] 1874 

409.  The  IVooeedings  in  Pkrliament  upon  the  BiU  of  Divorce  between  his 

Grace  the  Duke  of  NORFOLK  and  the  Lady  MARY  MOB- 
DANT,  A.]>.  1700 UBS 

410.  FiroGeedings  against  Sir  WILLIAM  WILLIAMS,  hart  for  the 

PtaUicatioo  of  Dangerfidd's  Narrative,  a.  d.  1684-1695  [N.]  ...  1S70 


411.  Plroceedings  i«ahist  JOHN  Earl  of  MELFORT,  JOHN  "Eari  of 
BflDDLETOUN,.  RICHARD  Earl  of  LAUDERDALE,  and 
several  odien»  Ibr  Treason  and  Rebdlion,  mtidng  the  Froidi 
King  to  invade  diafar  Bl^gestiea  Dominions,  and  remaining  subject 


TABLE  OP  CONTENTS. 

Page 

to  the  FiMch  Kuig>  A.  d«  1694.    [Now  fint  printed  from  the  ^ 

Records  of  Justiciary  at  Edinburgh.]  [N.] 1448 

41S.  Proceedings  against  KENNETH  Earl  ^  SEAFORTH,  for  High 
Treason,  a.  d.  1697.  [Now  first  printed  from  the  Records  of 
Justiciary  at  Edinburgh.]  [N.] ••.  1446 

413.  Proceedings  against  Mr.  ALEXANDER  PITCAIRNE,  a  Minis- 
ter  of  the  Church  of  Scotkndy  for  High  Treason,  and  disowning, 
quarrelling,  and  impugning  of  his  Majesty's  Royal  Power  and 
Authority,  and  Rights  and  Title  to  the  Crown,  a.  d.  1697«  [Now 
first  printed  from  the  Records  of  Justiciary  at  Edinburgh.]  [N.]  1450 


A     COMPLETE    COLLECTION 

top 
TATE     TRIALS, 


c  Trial  of  Sir  John  Fheind/  knt  at  the  Old-Bailey,  for 
High  Treason:  8  William  III,  a.  d»  I696. 


hmda^^  March  23,  1696, 

I»iit0f»- House  in  the  Old-Bailey, 

"tic  trial  of  lir  JuLn  Frriod, 

tre]i!>on^    upon    an    Imlict- 

I  oy  um:  fj^nMjti  jury  for  the  city  of 

Ellic  sessions  ot'oyer  and  terminer 
r«ry  of  Newgale,  on  8aturday 

Arraignmenii,    Crytr^  make  pra> 

Ovex,  oyt2,  oypTj^  All  maoner  of 
i4  Dftf  e  ttoy  ihiuji^  more  to  do  at  ibii 
•MS  of  the  p«!ace,  Kessiotis  of  oyer 
Mr,  botd^t)  for  the  cily  ol  London, 
^diifttj  of  Newgu(e»  li'oldt>ii  for  the 
aim  and  county  of  31iddlesex,  ud- 
ir  Id  lhi«  day  {  ilriw  tiear,  and  ^ive 
Imkvi  for  now  tliey  will  proceed  tti 
iC  Ibe  crowti  for  I'lie  said  cily  and 
ltd  God  Mf  e  king  Willi  auk 
r*  Make  pruclamation  ugnln. 
Oytat»  You  good  men  of  the  cily  of 
HamiOftgil  to  Qppenr  hm:  this  da_\,  to 
i  •or  aofereitini  lord  the  kiu|;  und 
r  thftt  k  to  bi*  at  the  bur ;  answer  to 
I  a*  yon  i(h»Il  be  called^  every  man 
rati,  opoci  [laiu  und  peril  tiiut  will 
I. 

«  fietly  jury  urere  a)l  called  o? cr, 

Ito 


'  rhii'f  Jiittice 

. .  Mr,  justice 

!»>,  cume  into  tlie 

■••  rriil  cotitlut^nce  of 

«ij'i   ^viaiy    liiere  (^retietit,    the 

filt»  OH  I.  £a«t*i  Picas  of  the  Crown, 
mH.  9.  if.  8ec  aM,  iu  this  CaU 
nae  iraporlaiBl  ObaerTalious  on  ihi«i 
f4  ErOdiM'i  Hprech  on  the  Trial  of 
Ntfdyt  A*  ti'  ]7t^4.  And  a  Note  to 
'  Ooa  rBMaleao  t)«i  fol.  ^,  p*  iCr6. 
HI. 


prkouer  was  ordered  tobe  hrought  to  the  bar4 
which  was  done  accordiojjly, 

CL  ofAr.  Sir  John  Freind,  bold  up  thy  i 
hand. 

Freind,  My  lord,  I  humbly  move  that  1 1 
may  have  one  William  Courtney  (who  h  to  ba  i 
a  principal  witness  for  me  at  my  trral^t  and  ia.4 
now  a  prisoner  in  the  Gatehouse)  sent  for. 

L.  C.  J.  (Sir  John  Holt,)  Is  he  your  wit-*  | 
ne&s,  sir  John  ? 

Frcind.  Ves,  my  lord,  William  Coortoey*^ 
is  his  name. 

X.  C.  J.  Sir  John,  why  did  not  yoa  send, 
and  desire  this  before  ? 

Fretnd.     My   lord»  !  did  not  hear  of  him 
while  last  oig^lit ;    and  1  ho tnbly  beseech  your 
lordship,  that  you  will  please  to  let  him  beseol  i 
ibr. 

The  Judges  consulted  among  theraseket. 

X,  CX  Look  you,  sir  John  Freind^  Til 
tell  you,  if  you'll  appi^Hol  your  arrent  to  t'Ouio 
hither,  you  shall  have  an  '  Habeaji  Corpus  ai| 
tcstiticandnm^ :  hut  indeed  you  mi^^ht  have  »eut 
tliit)  morning',  and  then  tlie  writ  uiig^ht  ham 
beeu  tfot  ready - 

Frcind.  I^ly  lord,  I  did  not  know  so  much  ; 
for  ii  was  last  night  before  I  understood  that  he 
wa^i  to  be  a  witness. 

L*  C.  J.  You  mi§ht  have  sent  last  night,  or 
this  morniug,  and  you  should  have  had  a  war* 
rant  for  the  writ. 

Frcind,  1  assure  your  lonbhip^  I  did  uot 
know  so  much, 

L,  C,  J.  Well,  send  your  agent,  or  your 
solicitor,  and  you  shall  have  a  warrant  for  tha 
writ. 

Freind,  I  beseech  your  lordship  that  he 
may  be  sent  for,  and  that  the  messenger  may 
malcc  hastt;. 

L.  C.  X  Let  your  solicitor  come  to  my 
clerk,  and  he  shall  bavp  it. 

Fraud.  My  lord,  jf  you  please  to  give  a. 
rule  of  court  for  iU  I  suppose  it  may  b«  dona 
presently. 


S]  S  WILLIAM  IIL 

£.  C.  J.  No,  DO,  8jr  John,  it  most  be  by 
writ;  the  keeper  of  the  Gatehouse  eke  caoDot 
briofif  him. 

Freind.  My  lord,  that  will  be  a  longf  time 
before  it  can  be  done ;  I  desire  nothioi;  but 
that  f  may  have  him  here  to  give  his  evidence 
for  me. 

L,  C.  /.  It  will  be  ^t  ready  presently ;  I 
believe  he  will  be  here  time  enough  for  you  to 
make  use  of  his  testimony. 

Freind.  But,  my  lord,  suppose  he  shou!:! 
not  be  here :  it  would  be  a  great  hindrance  to 
me,  and  a  great  injury  to  my  trial. 

X.  C  J.  No,  no,  sir  John,  you  need  not 
fear  any  thing  of  that  nature,  we  are  not  in 
snch  haste ;  we  will  not  spur  you  on :  but  the 
warrant  shall  be  made ;  and  du  you  make  what 
haste  you  can  to  get  the  writ,  and  your  witness 
brought 

[The  Lord  Chief  Justice  gave  order  to  Mr. 
MasoD  his  clerk,  to  prepare  a  warrant  for  an 
Habeas  Corpus,  directctl  for  the  keeper  of  the 
Gatehouse,  to  bring  William  Courtney  imme- 
diately hither  to  give  evidenoe.1 

CL  of  Ar.  Sir  John  Freind,  hold  up  thy 
hand.    [Which  he  did.] 

Yon  stand  indicted  in  London  by  the  name 
•f  sir  John  Freind,  late  of  London,  kut.  for  that, 
whereas  there  had  been  for  a  long  time,  and 
yet  is,  an  open,  and  notoriously  public,  and 
most  sharp  and  cruel  war  by  lana,  and  by  sea, 
had,  earned  on,  and  prosecuted  by  Lewis  the 
French  king,  against  the  most  serene,  most  il- 
lustrious, and  most  excellent  prince,  our  sove- 
reign lord  William  the  Third,  by  the  grace  of 
Ood, of  J'Ingland,  Scotland,  France,  and  lrelf>.::d 
king,  defender  of  the  faith,  ike.  All  which  time 
ihe  said  Lewis  the  French  king,  and  his  sub- 
jects were,  and  yet  are  enemies  of  our  said  lord 
Che  king  that  now  is,  and  his  subjects.  Yon 
the  said  sir  John  Freind,  a  subject  of  our  said 
•overeign  lord  the  king  that  now  is,  of  this 
kingdom  of  England,  well  knowing  the  pre- 
inises,  not  having  the  fear  of  God  in  vour 
keart,  nor  weighing  the  duty  of  your  allegi- 
ance, but  being  moved  and  seduced  by  the  in- 
stigation of  the  devil,  as  a  false  traitor  a<;ainst 
the  said  most  serene,  roost  clement,  and  nost 
excellent  prince,  our  said  sovereign  lord  Wil- 
liam the  Third,  now  king  of  England,  <^c.  your 
supreme,  true,  natural,  rightful,  lawful,  and  un- 
doubted sovereign  lord  ;  the  cordial  love,  and 
the  true  and  due  obedience,  iidelity  and  allegi- 
ance, which  every  subject  of  our  said  sovereign 
lord  the  king  that  now  is,  towards  him  our  said 
sovereign  \wd  the  king  should  and  of  right 
ouffl)t  to  bear  withdrawing,  and  intending  ut- 
terly to  extinguish,  and  contiiving,  and  with  all 
your  strength  purposing,  designing,  and  en- 
deavouring tlie  government  of  this  kingdom  of 
England,  under  our  said  sovereign  lord  the 
king  that  now  is  of  right,  duly,  happily,  and 
Tery  well  established,  altogether  to  subvert, 
change,  and  alter,  and  his  ^'thtial  sobjects^  and 
the  freemen  of  this  king[dom  of  England,  into 
uitolerable  and  most  miserable  slavery  to  the 
albnwud  Fttath  king  to  subdue  ana  Iniiig ; 


Trial  of  Sir  John  Freind^ 

the  first  day  of  July,  in  theVeventh  yea 
reign  nt'  our  said  sovereign  lord  the  ki 
now  is,  and  divers  other  days  and  times, 
before  as  after,  at  London,  m  the  parish 
Peter  Cnrnhill,  iu  the  ward  of  Lirae 
falsely,  maliciously,  devilishly,  and  traitc 
did  compass,  imagine,  contrive,  pur|)n 
intend  our  said  sovereign  lord  the  king  tl 
is,  then  your  supreme,  true,  natural,  r 
and  lawful  sovereign  lord,  of  and  from  tli 
state,  title,  honour,  power,  crown,  con 
and  government  of  this  kingdom  of  Eng 
depose,  cast  down,  and  utterly  to  dopriv 
our  said  sovereign  lord  the  king  to  death  a 
destruction  to  put  and  bring ;  and  the  ai 
Lewis  the  French  king,  by  his  armies,  s 
legions,  and  subjects,  this  kingdom  of  £ 
to  invatle,  fight  with,  overcome,  and  sut 
move,  incite,  procure,  and  help,  and  a  i 
ble  slaughter  among  the  faithful  subjects 
our  said  sovereign  lord  the  king,  thro 
his  whole  kingdom  of  England,  to  ma 
cause ;  and  tliat  you  the  said  sir  John  Fi 
the  aforesaid  enemies  of  our  said  lord  tl 
that  now  is,  then  and  there  during  tl 
aforesaid,  traitorously  were  adhering  and 
ing :  and  the  same  your  mcst  impious, 
aud  dciilish  treasons,  and  traitorous  co 
iugs,  intentions,  and  purposes  aforesaid  t 
perfect,  and  bring  to  effeet ;  and  in  prose 
performance,  and  execution  of  that  tra 
adhesion,  ^'ou  the  said  sir  John  Freind,  i 
a  false  trailor',  during  the  war  aforesaid, 
the  same  first  day  or  July,  in  the  year 
said,  at  Xondon  aforesaid,  in  the  pari 
wanl  aforesaid,  and  divers  other  days  and 
as  well  hef(.re  as  after,  there  and  elscw 
London  rforesaid,  falsely,  ma]iciously,a 
ly,  secretly,  and  traitorously,  and  witi 
and  arms,  *&c.  with  one  Robert  Chamoc 
of  high  tr<:a8on,  in  contriving  and  con 
the  death  of  our  said  sovereign  lonl  ti 
that  now  is,  duly  convicted  and  attaintc 
with  divers  other  false  traitors  to  the  jur 
known,  did  meet,  propose,  treat,  consul 
sent,  and  agree  to  procure  from  the  at 
Lewis  the  French  kmg,  of  his  subjects, 
and  soldiers,  then  and  yet  enemies  of  o 
sovereign  lord  the  king  that  now  is,  grea 
hers  of  soldiers  and  armed  men  this  king 
England  to  invade  and  fight  with,  and  t 
procure,  and  prepare  great  numbers  of 
men,  and  troops  and  legions  against  o 
lord  the  king  that  now  is,  to  rise  up 
formed,  and  with  those  enemies,  at  an 
such  their  invasion  and  entry  into  thii 
dom  of  England,  to  join  and  unite,  n 
and  war  against  him  our  said  lord  th< 
within  this  kingdom  of  En^rland,  to 
levy,  and  wa^e,  him  our  said  lord  tli 
so  as  aforesaid  to  depose,  and  him 
and  murder ;  aud  moreover  with  th 
false  traitors,  the  same  first  day  oi 
in  the  yeai^  abovesaid,  at  London  af< 
ia  the  parish  and  ward  aforesaid, 
ously  you  did  consoh,  consent,  and  ai 
scod  the  afortsaul  Boberl  Chamock  as 


5J 


^or  High  Trea&on, 


t  jtm  tkm  Atfi  fiir  J  oho  Freind,  and 
4tmim9dmr  ^mlmrs  uiikn^^*^  ^'  ^'"*"  ^nij  into 
iiliafdioiis  af  Klr«iiee,  in  ul  tlie 

|lD  mpoM  to  }i 

fltl  tnml    meo    nforffesiiil,   Ittr  the    invaMon 

I  Ml  be  made;  and  iuMii«j^i'nce  and  no- 

~  I  tlteir  trtitlDmus  intention!;,  and  ad- 

iffn^  at!  the  premiKes  uniolhc  «aid  late? 

rian»^  nnd  iKe  siuid  ^lUle^^ne- 

1  L  s,  to  give  and  exhibit, 

I  Si>  iDluruj  ot   fiiher  purliculai'  things 

Of  nffeaoMtiiieefl  lUprcunln  t-etntin>r ;  a$  also 

Mfifme*  Ircini  liiem  of  ihe  said  intrnd(^d  in- 

tMB^  aod   ofh^r  things   and  ctrcutfigtuncfs 

^^■Bvattiif  tli€    prnuises   Li   receive,  and  the 

BSMilPy^u  th«f  saitd  sir  Jolin  Freind,  ami  tbe 

^^iVA^i^iT  traff#r«  in  this  kin'^'iioin  of  Eii^land^ 

^■li  m^^y,  r«OArt  and  deeluf^,  in  assistance, 

^■aaaMi,  mtm  aid  of  the  tiaid  (enemies  of  (nir 

ail  Wi  ike  kine  t^at  now  ti,tn  the  >tiir  afure- 

^il,  fell  Id  iacite  4iid   |»riK'iire  iliost.'  rnrntif^s 

ttvaart  fm«bly  ftod  boltU^  ttM 

4m i# £i»|vf ftnd  ;  andthetrt^i-  <i- 

f«i  Q«t»iv»4M:e9,  cotn|iiis«siii{7!i,  i)na<;iriiUiotiH, 

i>f  Tuii  ibe  S4id  sir  John  Freind 

1 1A  perfect  and  hdtit ;  and  all  the  pre- 

■i  Omi  tfimiier  to  t'lrecuti',  mffiiace  and  per- 

Bt  |«Mi  tlie  ftiid  sir  John  Freind,  diii'iu:^^  the 

riMHud,  so  «s  aforesaid  continued,  tu  wa, 

!  tnee  fint  day  of  Jnly<t  in  the  ahovesaid 

I  y«mr  of  lite  reit^n  ol  our  ttaid  lord  the 

kflff  ((kit  IMW  tit,   ait  li>ndon  uforesaid,  tn  the 

fMA«ai|  Irani  aforesaid,  <Al««ly  u:m1  trmtor* 

Oiii  M  |f#f)e(ire  and  obtain  to  yourself,  and 

^tmmft  ajul  Bc^rept  o(  a  <!iertain  comniiSHion 

•  ^i«af^tfr|iurtuig  it*elf  to  be  u  commis!»ion 

Mia  m4  &OCU  the  «tVjivsuid   Jan^e;!  the  se- 

flBVl.  ytikmi^  of    Eni^lftiid,  to  constitute  you, 

•i  aif  lit  Jotitj   Fretnd»  to  lie  a  e<»lonel  of 

!■««  tbe  army  by  you  and  the  other  lals^e 

^■■Miac^uist  Qiir»uici  Ion!  the  king  that  nnw 

m,wAm  ibi9  kin^dt^rn  of  Enj^^tand  to  h^  levied 

fliifann#4  ;  and  in  nnr«nanee  of  the  natd pre- 

iitififfiiiaKion   by   you  ihe  said  Mr  John 

o^rtaioed  and  acceiiied  of,  and  ym\r 

all    your    traitorous    intentions 

llie«ooo#rtor\  :      m,  fulHI, 

9i  avyfSrrf,  yuu  ibe  faid  !  ai  ur- 

^M^|r*  nit^tJiasameiD^i  u  •>  'm  .mh v,  in  the 

yc»r  abovc^aid,  at  Lonilon  afuiefinid,  in 

♦  «  .,.1  <inri»8aid,  r«!sfly,  ma!j»i* 

illriil^^  I '. ,  and  Iraktorciiisly,  di> 

iikin     aik[l    rpulv  lO  Ijc 

^e,  and 

ud  U»rd 

And  to 

d  ene- 

i<*id  iUt?  ktw^,  lurtignefii  and 

«a%rrt«    and   koldo  t-   of    the  aai  I 

*Frr  h<*iji^  about  to  invade 

i,  »i  ami  upon  tbeir  in- 

I  t4(doni,  titen 

» selves  lij^je- 

TU  \nu  iUr  sM'i  »u  ,»iM8iJ   r  ri'Mid    lo  join 

aod  teutons  ta  luriDi 


did  raise,  list,  and  retain^  and  did  procure  lo  be 
raised,  lissted,  and  reta^ined  ;  and  diners  sums  of 
money,  in  and  about  the  raising,  liatinff,  and 
retaining^  of  the  aforetiaid  suldtcrs,  and  man  ! 
arnried,  and  ready  to  be  armed  upon  the  ac* 
count  atbre^uid,  upon  the  a(oresaid  lirsl  day  of 
Julvt  in  the  seventh  year  ab^iveaaid,  at  Londoa 
nfofesaiil,  in  the  parish  an»l  ward  aforeiaid, 
ialsly,  mallcinuitly,  and  traitorously,  ilid  gire 
and  pay,  and  cause  to  be  paid  ;  and  those  so^ 
diers  and  men,  for  the  treasons,  intefilion^  and 
purposes  aforesaid,  then  and  there,  and  Inojf 
aikr  you  had  in  readioess.  As  atsn  the  same 
rtrst  tfay  of  July,  in  the  sefenth  year  nhnvesaid, 
at  London  aforesaid,  in  the  parish  and  ward 
aloresaid,  diners  borses,  and  very  many  arms, 
Cfuns,  carbine^i  pistols,  sviords,  atid  other  wea- 
pons, ammunition,  and  warhke  thinyfs,  and  mi- 
iilary  instruments,  falsely,  malidoui*Jy,  secret- 
ly, and  trai*orou*ily  you  did  obtain,  buy,  jj^at her 
and  procure,  and  caui>a  to  be  bought,  ^^uthered, 
obtatnefl  and  procured,  and  in  your  custody 
had  and  diftained,  to  thai  intent  to  use  the  fame 
in  the  said  invasion,  war  and  rebelfion,  against 
our  said  sovereig-a  lord  the  king  that  no*v  it, 
hitn  our  said  lord  tlie  king  of  and  from  the  ra- 
jfji  slate,  crown  and  command  of  this  kingdom 
uf  England  to  ileposc*,  cast  down  and  deprive, 
and  liim  to  kill  and  ninnlcr,  and  al!  the  trea*  i 
sons,  intentions,  conlrtvances  and  purposes  of  i 
you  the  said  sir  John  Freind,  as  aforesaid,  to 
fulfil,  [jerfect,  and  fully  to  bring  to  effect ; 
ai^iiinst  the  duty  of  your  alk^giance,  and  against  ^ 
itie  pcract  of  our  said  sovereijrn  lord  the  kin^ 
that  now  is^  his  crown  auti  di^fnity  ;  an  also 
aq'alnst  the  form  of  the  statute  in  this  case 
lUiidc  and  provided. 

What  nayest  thou,  sir  Johti  Freind,  art  thou 
guilty  of  tlushiifh  treaM>o  wheTeortlioustaudeil  ] 
tnrlit'ietl,  or  not  tjuilty  ? 

Ffcind.     Not  guilty,  my  lord.  i 

CL  of  Art.  Culprit,  how  wilt  tUnu  be  tried  f 
Fraud,     By  Ciod  and  my  country. 
CLif  Arr.     Gvd  send  liiee  a  good  delirer* 
ance. 

Freind.  I  don't  know  any  thing  of  it,  I  ata  | 
OS  innocent  as  the  child  unb^irn. 

The  Warrant  for  the  Habeas  Corpus  %rat 
sijjnc<l  by  the  Loid  Chief  Justice  Hoit,  and  de* 
Itvered  lo  the  priso ntr^  who  ti-ent  it  away  to  tho 
Crown  OtKcc  by  hia  solicitor,  to  get  l1ie  writ ' 
scaltd. 

FrfifuL  My  lord,  1  have  something  to  mov^e,  , 
if  your  lord^iup  please  to  hear  nte,  and  the  rest 
of  my  Inrdn  the  judges  :  Thnt  rt  any  uiaHer  of 
liiw  doth  arise  upon  my  trial,  I  may  be  heitrd 
by  my  counsel,  that  you  may  niit  deairoy  mm 
withrvut  law. 

L  C.  J.  Look  you,  sir  John  Freind,  If  any 
matter  of  law  ilo  arise  at  your  trial,  and  yo«a| 
will  tell  us  ^liai  timt  inutler  td'  law  is,  and  the 
court  see  that  it  is  a  matter  of  doubt,  we  ran^ 
and  ou^ht,  aifd  no  quciftton  Khali  asaign  yon ! 
counsel  J  but  tharis  tuue  euough  when  sucb' 
matter  does  urise, 

Freind,    !^1y  lord,  it  is  well  kuomi  to  your 


n 


ft  WILLIAM  tIL 


lordship,  and  all  the  coart,  that  I  am  not  a  law- 
jrer ;  but  I  hope,  as  you  are  of  counsel  for  the 
king'  as  judges  of  law,  so  you  will  be  of  coun- 
sel for  me ;  for  I  am  not  a  lawyer,  and  cannot 
know  whether  any  matter  that  arises  be  law  or 
do;  aud  therefore  I  humbly  beseech  your 
lordship  to  be  so  just  and  kind,  as  to  tell  me 
whether  it  be  law  or  not  law,  and  I  submit  my- 
■elf  to  your  lordship's  direction. 

L.  C.  J.  Sir  John  Freind,  we  are  bound  to 
tell  you  \ihen  any  thing  of  that  nature  appears 
before  us,  and  to  let  you  have  all  the  benefit  of 
the  law  that  possibly  you  can  have ;  for  we  are 
obti{;(ed  to  be  iudiiferent  between  the  king  and 
you. 

Freind.  My  lord,  I  don't  question  it.  I 
desire  also  I  may  have  pen,  ink,  and  paper. 

L.  C.  /.  Yes,  yes,  by  all  means.  [And  he 
had  them.] 

CI.  of  Arr,  Crier,  make  proclamation. 

Crier.  Oyez :  You  good  men  of  tlie  city  of 
London,  summoned  to  appear  here  this  day,  to 
■  try  between  our  sovereign  lord  the  king  and 
the  prisoner  that  is  at  the  bar,  who  have  been 
<»tlled,and  made  default,  answer  to  your  names, 
and  save  your  issues. 

[Then  the  Defaulters  were  called  over.] 

CL  of  At,  You  the  prisoner  at  the  bar,  these 
men  that  you  shall  hear  called,  and  personally 
appear,  are  to  pass  betweeu  our  sovereign  lunJ 
-the  king  and  you,  upon  trial  of  your  life  and 
death ;  if  therefore  you  will  challenge  them,  or 
any  of  them,  your  time  is  to  speak  unto  them 
as  they  come  to  the  book  to  be  sworn,  before 
they  be  sworn. 

Critr.   Call  ThonAas  Clark. 

Freind,  Pra^,  Sir,  how  many  may  I  chal- 
lenge ? 

£.  C.  /.  Look  you.  Sir  John,  you  may 
challenge,  that  is,  except  against  35,  without 
shewing  any  cause :  if  you  don't  like  them  to 
be  of  the  jury,  you  may  refuse  them  ;  and  as 
jmany  others  as  you  have  cause  to  except 
against. 

Freind.  My  lord,  I  humbly  beseech  you, 
tliat  because  perhaps  I  may  mistake  in  num- 
bering, that  1  may  have  timely  notice  before 
the  35  be  excepted  against,  or  else  it  may  oc- 
casion me  a  great  deal  of  prejudice. 

L.  C.  J.  Sr,  the  clerk  shall  take  care  of 
that,  he  shall  inform  you  how  many  you  chal- 
lenge, and  you  shall  receive  no  prejudice  of 


that  kind,  or  by  any  slip  in  point  of  form. 

CLqfAr.  Cryer,calir  -    " 

appeared.) 


CI,  qfAr.  Cryer,  call  Thomas  Clark.  (Who 


Freind.  Pray,  Sir,  must  I  not  see  the  gen- 
tleman ? 

L.  C.  /.  Yes,  yes,  by  all  means.  (He  was 
shewn  to  him.) 

Freind,  You  may  swear  Mr.  Clark ;  I  do 
not  except  against  him.  I  desire  but  honest 
gentlemen^  and  I  shall  come  off,  I  warrant 
you :  I  am  as  innocent  as  the  child  unborn. 

L.C.J.  Swear  Mr.  Clark. 

CL  qfAr.  Hold  him  the  book ;  (which  was 
done)  look  upoo  the  priwMier:  You  shall  well 


Trial  of  Sir  John  Freind^ 

and  truly  try,  and  true  deliTeraiioe 
tween  our  sovereign  lord  the  Idng  ai 
soner  at  the  bar,  whom  you  shall  have 
according  to  your  efiJIeiice.  So  help 

Ct.  of  Ar.  Nathan  Green. 

Freind,  I  except  against  him. 

CL  ofAr.  Thomas  Emms. 

Freind,  I  accept  of  him  for  a  ji 
have  nothing  to  object  against  him. 
sworn.) 

Ci,  ofAr.  Francis  Byer.  ^ 

Freind,  Pray  let  me  see  him  (He  ^ 
to  him).  I  do  except  against  him,  I 
him. 

CL  qfAr.  Benjamin  Dry. 

Freind.  I  except  against  him. 

CL  qfAr,  James  Demew. 

Freind.  I  accept  him,  I  havenoth 
against  him,  I  would  have  him  to  I 
man. 

Demew.  My  lord,  I  am  not  a  f reel 

L.  C.  J.  Sir  John,  do  you  challen^ 
remptorily,  or  do  you  challenge  him  1 

Freind,  My  lord,  I  do  not  challen 
all,  1  accept  of  him. 

AU.  Gen,  (Sir  Thomas  Trevor.) 
no  freehold,  we  that  are  for  the  king 
cept  against  him  ,  for  I  would  not 
body  that  is  ibt  a  freeholder  serve 
jury. 

CL  ofAr.  Henry  Hunter. 

Freind,  Pray,  my  lord,  is  this  { 
that  was  called  before  hud  aside  ?  He 
tliat  I  challenge. 

L.  C,  J,  No,  no,  he  is  challeng 
kinpr's  counsel,  as  no  freeholder. 

Freind,  Then  he  is  only  set  aside,  1 
I  speak  it  for  this  reason,  I  would  nc 
taken  in  my  number. 

L.  C.  J,  Care  shall  be  taken  of  all 
is  not  to  be  reckoned  as  one  that 
lengcd,  he  is  challenged  for  want  oj 
by  the  king's  counsel. 

CL  ofAr.  What  sa3r  you  to  Mr.  ¥ 

Fremd.  I  accept  of  Mr.  Hunter,  1 
swore.    (Which  was  done.) 

CL  qfAr.  John  Cox. 

Cox,  My  k>rd,  I  have  no  freehold  ii 

An,  Gen.  Then  let  him  be  set  asid 

CLoJAr,  George  Bodinffton. 

Freind,  I  except  against  him. 

CL  qf  Ar.  John  Hedges. 

Freind.  I  except  against  him. 

CL  qfAr.  You  challenge  him,  Sir 

Freind,  Yes,  yes,  I  do. 

67.  qfAr.  John  James. 

Freind,  I  challenge  him. 

CL  qf  Ar.  Thomas  Poole. 

Freind.  I  accept  of  him.    (He  wi 

CL  qf  Ar.  Peter  Parker. 

Freind.  I  accept  of  him.    (He  wi 

CL  f^Ar.  George  Grove. 

Freind,  I  except  against  him,  fc 
him  not  in  my  pannel. 

L.  C.  J.  How  conies  that  P 

Freind.  I  can't  tell,  my  lord  ;  I  1 
kept  alone  while  Satniday  last,  only 
9 


fur  High  Treason* 

Jin  Mr,  Baker,  the  \\m- 
f)  WAS  mlU  me  to  give  me 

[b  Wyersdale, 

btiiieuee  him, 
'smtifrf  Bbwitt. 

Uilili  li^^tr  hi  III. 

'i>hn  Wolfe. 
1  «io  assure  yon  I  lia^e  Liim  not 
'  Ujjon  my  Honl.     I   clialleti^re 

I  Jaclfsoiu 
f  of  Kirn*     (H«  was  sworn.) 
ktiiel  Jjotig', 

'  of  him.     (He  was  sworn.) 
rd  I'lii^welK 
i  _         uge  Um. 
mi»^if^e  Child. 

nBcent  of  him*    (He  was  sworn.) 
t  WiBiiieu  Walker. 


of  Ijirn. 
Willi. 
him, 

5>ert. 

IIQ. 

I. 


(He  was  sworn.) 


n 


Sir,  he  i&  not  in  my  pannel,  upon 

r.  tic  is  tn  the  original  nannet. 
BluribiJit^'Ajim,  M)^  hinl.  Liei^  U  the 
teeel,  tnU  here^s  his  name  here  ; 
I  moi  m  person  in  this  paiinel^  but 
■aCV>^l>  put  i<)<i  e\ci<pt  it  he  about 
Mlbt  «ii4l,  aiifl  this  is  none  of  them. 
IdMllMiipehini. 
I^TIlomss  Hollis.     (tie   did    not 

^Hnr«  Sir  John,  who  had  you  that 
^BUo  |(tiv«  It  you  ? 
^K  ISoticiiur. 

OM,  My  lord,  be  bad  none  froru 
mmr:  I  receifeil  the  panneJ  from 
It  ImI  Dobody,  irom  sir  John,  was 
B9  Ibr  •  copy. 

My  Kird,  uiy  snlicttor  brought  it  to 
larday  itta^ht. 
W  ho  »  }'<»ur  solicitor  that  gftre  you 

His  nmme  is  Mr.  Burleigh,  my  lord. 
»  Wh«r«t«  hef  Let's  see  this  Mr. 

r  lonl,  he  is  ^one  to  the  Crown- 
,  for  the  Habeas  Cor|fus. 
It  IS  your  own  Miilicilor  that 
'  no  yiHi,  if  it  be  m. 

!•  Hallis.    (He  did  not  ap- 

ITt  sir  Joho  Frttnd,  how  many 


tny  lord  ?  Would  ynu 
llMifroMUiy  1  httve  in  numlieri* 
Ife  mOB&et  uk  your  copy  of 


A.  D.  1G96.  f  10 

SlittufT  Burking/nim.  In  the  pannel  there 
are  nhove  fourscore. 

Frcind:  I  ha\rescienty-one,aiylord.  [Then 
Thomas  HoHis  appeared  ] 

C7.  of  Ar,   L>o  you  challeug^p  htm,  Sir  ? 

fcJh,  Buckingham.  Pray  hi  tht*  Stvi*iifJary 
produce  lus  punuel  that  iVe  had  from  my  bro- 
ther and  me,  and  I  am  surt^  the  court  vtill  (ind 
they  were  all  uumeil  in  that  pannel. 

j^lr.  Trotmariy  My  lord,  I  have  the  pannel, 
but  ihey  never  came  to  me  for  a  eopv^  as  [  ex- 
pected i  J  had  ^iit  Ohe  ready ;  it  sir  Jidm 
Freind,  or  usiy  p**(>r»n  hir  him>  hud  sent  to  me, 
they  nnght  have  bad  it. 

h\h  Bucktrtgham.  And  these  people  that  are 
not  in  sir  John  Freind's  pannel,  are  none  of 
the  balf-flozen  that  ii  ere  added,  >4  hen  we  came 
to  the  ktioHl«.ilgeof  them  that  they  were  free- 
holders. 

L  C.  X  When  were  thry  added,  8ir  ? 

Sh.  Buck,  Tlipy  were  added  on  Friday  in 
the  nfiernouu,  aiid  it  seems  he  never  came  for 
the  pannel  to  the  proper  officer  ;  and  those 
that  lie  objects  against  were  not  added,  hut  are 
in  thporiijinal  pannd. 

L,  C,  X  Truly,  I  cannot  see  any  body  is  to 
blame  in  this  matter  but  your  own  ibolicitor. 

Mr.  Trot  man.  My  lord,  1  assure  you  1  had 
made  a  copy,  iiud  wondered  I  did  not  henr  of 
them  :  J  fh»  nut  know  wbere  he  [^nt  this  copy^ 

L.  C  J.  fttti/.  Jn  truth,  if  yciu  wonkl  not 
send  loiheprnper  officer  lor  a  c*tpy,  when  you 
mif^ht  have  had  it,  you  must  be  content  vvith 
what  you  ha^e;  tor  noho^ly  h  bound  to  give 
you  a  copy,  UTde*s  you  ask  for  it. 

L.  C.  J.  Well,  what  suy  you  to  Tbonaai 
Mollis? 

Fret  nth  1  challenge  him,  my  lord,  for  he  is 
not  in  my  panueL 

C7.  f»/  -*1^.  J^^hn  Sher brook. 

Freind,    I  accept  of  biui,     (He  was  sworn.) 

CL  vf  Ar,  Jauies  Black  well. 

Frand.  He  is  not  ill  my  pannel,  upon  my 
word,  u\y  lord, 

X.  C.  X  1  cannot  help  It,  be  is  in  the  sherilf  ^s 
pannel  iliat  !•>  returned  here. 

Ff  tint/.   1  c  h  a  I  lenjje  hi  m . 

C7.  of' Ar.  'llioinas  Cwardner, 

Freind.   1  accept  of  him, 

Guidner,  My  lord,  I  ann  no  freeholder  in 
the  city. 

Just.  Roktb^.  Mr,  Carclner,  have  you  not 
lately  c<iuveyed  away  your  freehold  f 

Gardner.  No,  indeed,  my  lord,  1  never  had 
any. 

Cl.ofAr.  Wiliiam  Prince. 

Frvind.  1  accept  of  him.     (He  wasswom.) 

CL  ofAr.  John  MiuKins. 

Frnnd.   I  challenge  him. 

CL  of'Ar.  Robert  White. 

Fremd,  I  challenge  him* 

Ct,  of  Ar.  Josepli  More  woo  J. 

Frtmd.  I  accept  him  ;  his  name  is  John,  1 
sumMMe,  for  ku  it  is  in  my  pnneh 

CL  qt  Ar.     No,  it  is  Jo«H:pb. 

ASarrtcood,     My  name  is  Joseph* 

Freind,    Well,  Sir,  1  accept  of  you,  1  don*l 


llj  8  WILLIAM  IIL 

quertkHi  bat  yoa  are  ao  honest  man.  [He 
wan  sworo.] 

CI.  of  At,    C'ryer,  countez.  Thomas  Clark. 

Cr\ftr,  One,  &c.  [So  of  the  rest  to  the 
last.] — CL  of  Ar.  Joseph  Morewood. 

Cryer.  Twelve  good  men  and  true,  stand 
together,  and  hear  your  e?ideace. 

The  names  of  the  Jury  were  these:  Thomas 
CUrk,  Thomas  Emms,  Henry  Hunter,  Tho- 
mas Poole,  Peter  Parker,  Samuel  Jackson, 
Nathaniel  Long,  Creorge  Child,  William  Wal- 
ker, John  Sherbrook,  William  FriDce,  and 
Joseph  Morewood. 

Cl.  of  Ar,    Cryer,  make  proclamation. 

Cryer,  Oyez.  If  any  one  can  iut'orni  my 
lords  the  king's  justices,  the  king^s  serjeant, 
the  king's  attorney- general,  or  this  inquest 
now  to  be  taken,  of  the  high-treason  whereof 
the  prisoner  at  the  bar  stands  indicted,  let  them 
come  forth,  and  they  shall  be  heanl ;  for  now 
the  prisoner  stands  at  the  bar  upon  his  de- 
liferance;  and  all  others  that  are  bound  by 
recognizance  to  give  evidence  against  the 
prisoner  at  the  hwr,  let  them  come  forth  and 
give  their  evidence,  or  else  they  forfeit  their 
recognizance ;  and  all  jurymen  of  London  that 
have  been  called,  and  have  appeared,  and  are 
not  sworn,  may  depart  the  court. 

CL  of  Ar.  Sir  John  Freind,  hold  up  thy 
hand.  (Which  he  did.)  You  that  are  sworn, 
kK>k  upon  the  prisoner,  and  hearken  to  his 
charge :  he  stands  indicted  by  the  name  of  sir 
John  Freind,  late  of  London,  knight  (prout  in 
the  Indictment,  muiatii  Mi//auJ<«J,  and  against 
the  form  of  the  statute  in  that  case  made  and 
provided.  Upon  this  indictment  he  hath  been 
arraigned,  and  thei-eupon  hath  pleaded  Not 
Guilty,  and  for  his  trial  hath  put  himself  upon 
God  and  the  country,  which  country  you  are ; 
your  charge  is  to  enquire.  Whether  he  be 
^ilty  of  the  high-treason  whereof  he  stands 
indicted,  or  not  guilty  ?  If  you  find  him  guilty, 

Jou  are  to  enquire  what  goods  and  chattels, 
inds  and  tenements,  he  had  at  the  time  of  the 
high-treason  committed,  or  at  any  time  since : 
if  you  find  him  not  guilty,  you  are  to  enquire 
if  ne  iled  for  it :  if  you  tiud'  that  he  (led  for  it, 
you  are  to  enquire  oV  his  goods  and  chattels,  Vi% 
if  you  had  found  him  guilty:  if  V4>u  find  him 
not  guilty,  nor  that  he  did  fly  (or  it,  you  are 
to  say  so,  and  no  more,  and  hear  your  evi- 
dence. 

Mr.  Montague,  May  it  please  your  lordship, 
and  you  gentlemen  ot  the  jury  :  this  is  an  in- 
dictment of  hi;xh-treason,  tiiat  is  hrnui^ht 
against  sir  John  Freind,  the  jtrisoner  at  the  liar, 
for  assiociating  with,  and  aiding  the  king's  ene- 
mies, with  a  dcKigii  to  procure  an  invasion  tr<iin 
France,  and  to  raise  a  rebellion  within  this 
kingdom ;  and  this  was  to  deposo  the  king, 
and  to  restore  the  late  king  James ;  and  in 
onler  to  the  eO'ecling  thi'.se  his  u  irked  pur- 
poses, the  indirtment  sets  lorth.  That  the  1st 
of  July  last,  he  did  meet,  and  con-iulr,  and 
•g^ree  with  one  Mr.  Charnock  (a  gentleman 
since  tried,  convicted  and  attahiteu  of  high- 
tnaaoD}|  hovr  they  should  procure  an  army 


Trial  of  Sir  John  Freind^ 


[1 


from  France,  to  come  and  invade  thiskia| 
dom ;  and  sbouki  raise  a  suflicient  nnmberi 
men  to  facilitate  the  landing  of  the  FrsMl 
and  the  indictment  particularly  chams  ll 
prisoner  at  the  bar  with  sending  Mr.  Cnanitd 
into  France,  to  the  law  king  James,  to  aeqnsa 
him  with  the  design,  and  to  desire  him  topN 
cure  a  great  number  of  Ibrces  from  the  FrsM 
king,  to  come  here,  and  land  within  this  kii| 
dom :  and  the  indictment  does  likewise  cImiI| 
hiui  with  procuring  and  receiving  a  oommi 
slun  from  the  late  king  James,  to  couatiM 
him,  the  prisoner  at  ihe  bar,  a  colonel  of  hom 
and  likewise  with  laying  out,  and  ex:pendi^[ 
a:id  paying  several  sums  of  money  id  lislii 
and  kee|Mug  soldiers  and  men  in  pay  noil 
him,  which  were  to  be  in  his  regiment;  m 
w  ith  laying  out  several  sums  of  money  in  bq 
ing  arms  and  horses  for  this  inyasioD  and  v 
belliou  that  was  tlius  designed  to  be  made,  M 
raised  within  this  kingdom.  To  this,  gen 
men,  he  has  pleaded  not  guilty  :  we  shall  ii 
our  witnesses  and  prove  the  fact,  and  wmi 
not  doubt  but  you  will  find  him  so. 

Freind.  Prove  this  if  you  can;  itcauM*! 

Att.  Gen.  31ay  it  please  your  hMrdshif 
and  you  gentlemen  of  the  jury  :  the  prisQa 
at  the  bar^  sir  John  Freind,  stands  indioted  i 
high -treason,  in  compassing  and  imsmii 
the  death  of  the  king,  and  likewise  in  adnerk 
to  the  king's  enemies. 

Gentlemen,  the  overt-acts  laid  in  tlie  i 
dictment  to  prove  this  treason,  are  these: 

That  the  prisoner  at  the  bar  did  aoocpl 
commission  iVom  the  late  kin<^  James,  to  lai 
a  reg:imcnt  of  horse  in  this  kingdom,  in  Old 
to  jom  with  the  French  when  they  invaded  I 
and  there  were  several  meetings  and  consolh 
tions  between  him  and  several  others  who 
you  will  hear  named  by  the  witnesses ;  upc 
which  it  was  resolved  to  send  a  roessentfc 
one  Charnock,  into  France,  to  desire  the  la 
king  James  tu  prevail  with  the  French  Idng  t 
get  a  number  of  men,  in  all  10,000,  witn  i 
assurance  that  they  would  assist  him  wilb 
number  of  horse  when  he  came :  and  in  pn 
suance  of  this  design,  the  prisoner  at  the  hi 
did  raise  men,  and  pay  some  sums  of  aioa| 
((ir  their  subsistence,  and  listed,  and  had  tlMj 
in  readiness  ;  and  provided  horses  and  ani 
These  are  the  overt- acts  laid  in  the  indictmcAl 
the  evidence  that  will  be  produced  to  yoo,  I 
proie  this  treason,  and  these  overt- acts,  «l 
be  in  this  manner. 

Cientlemen,  you  will  see  by  theevidencetb 
there  has  lieeu  a  debign  and  conspiracy  ob  fb 
for  several  years  to  assassinate  tne  king's  pfl 
son,  and  to  have  an  invasion  from  Fi'unce 
that  time,  by  armed  force  here  to  subdue  tfc 
kin4rdoni.  The  pri*«oner  at  the  bar,  sir  Jol 
Freuid,  I  think  about  two  years  ago  had  a  cOC 
mission  sent  him  from  the  late  king  Ja0H 
to  raise  a  regiment  of  horse :  there  was  sevd 
other  commissions  sent  likewise,  but  one  * 
sent  to  the  prisoner,  whteh  he  accepted  of ;  • 
in  pursuance  of  it,  he  apjNiinted  several  ^ 
cerS|  and  listed  several  uien  for  that  pni|i0 


Jbr  High  Treason 

ims  of  money  for  the 
of  Ihfm. 
iti  Will  bear  that  \m  lieutenant 

Rfn  '  *  ;  ijor  was 

Blftter  ;  ftnd  tl  nasa 

t,  aiiid    !"•  '  V  I',  .-.iiig"  in  a 

lerg;jiiit :  I  rerusf>d  to  taie 

Clneol  i,.       ,  .  ;;;s  was  une  Evans; 
bCNI  WiA  annttHr;  »ntl  ttiere  Here 
wliom    vou  will    hear 
,  that  wero  an  pointed, 
llip  rriiiruent. 

rby  llieifit- 
f,  tliey  Ua^-e 
iiilift  ot'  nieo,  there 
between  the  prison^r 
other  jiersonx,  in  order 
|»eiifoci  Of?er  to  get  forces  from 
hBwmdtP  thh  kingdom.  The  firnt 
will  henv  (A\  was  ^t  the  Old 
in  L^deuhali-strect,  and 
iia  prisont^rat  the  bar,  nw 
y  lord  Moiil^Timerj,  sir 
llliam  Perkins,  !\Ir.Char- 
Gondemneil  and  executed 
;Aifirdering  tlie  kingf,)  Mr. 
'  k.  A I  thnt  meaing  you 
ikbatcs  were,  iind  what 
l«r  s^reral  debates,  who 
lli6y  resolved  to  send  Mr. 
to  ^  mlo  i^rance,  to  desire  the  late 
I  lo  fl€  10^000  men  of  the  Frf^iich 
mir  poasis,  about  8,CK>0  icot, 
ckoci^  n-   ''   '■  IIS  ;  and  they  did 

iLj'  m  assure  the  late 

t  Ul,  whenever  be 

r  r^f^^  ready  to  as- 

inu  lucFa^and  borse  amoog 

leo,  Mt,  Chariioek  umler- 
meiisa^e :  about  a  week 

fnr  \\f    \\i\<  ui'wWXiu**  frt 

i^mod,  ^'' a  full 

\c<  ileraen 

l»  tbat  bf-  lUTC^iit  salislj 

would  c^'itiiinly  do. 

ml  a  week  aftei'i  and  that 

Jttmes'it-9treet,  near  sir 

one  Mrs.  Monfjoy's; 

the  bar,  my  lord  of 

-me  con  I  [may  that 

^ —  nd  Mr.  Charnock 

i  In  ^gree  to  wImU  had 

J  before;    for  he 

^  *      "     ■    t  nit 

1^  A 

uil 

?  Jamey, 

f!  .....      .^Ly  bad 

\\w  tifne  when 

irJuna 

iiidcrs; 

whca 

iigfljuid 

.i  they 


A.  D,  169a  [ri 

discours<?cI  thit  matter,  the  people  being,  as  ibey  ^ 
Baidt  generally  dissatis6cd,  and  but  few  forces  ^ 
io  Eni^'^tund  to  oppose  them, 

Mr.  Charnock  accordingly  went  over  into  \ 
France,  and  about  a    montli   atier  returner! 
a^ain,  and  acquainted   tlieui  that  he  had  toM 
kmg^  James  their  resolution^  and  b<»w  they 
would  asKijit  hius  and  what  they  desired   of  ^ 
him  ;  aiidfin  short,  had  detiveredliismesfag^e: 
but  what  king  James  told  him,  he   thanked 
them  very  much  for  their  kindness  aoil  readi- 
nesa  to  as>iist  him  ;  but  at  that  time  the  French' 
king  could  not  spare  any  forces,  nor  coulil  it  be  i 
ati  that  summer^  and  so  there  was  nothing  t<»l 
be  done ;  and  thereupon  it  rested  lill  the  Us^ 
winter,  i 

Then  gentlemen,  you  will  hear,  that  the  last  ] 
wintfTthe  design  was  renewed  a^ain,  about  Ja« 
nuary  last ;  for  sir  George  Barcley  tv^  _ic  over 
from  the  late  king,  being  a  lieuleniJk^  in  hii  ( 
g\>ards  there,  and  then  they  entered  into  a  con- 
si  piracy  to  assassinate  the  king  ;  and  that  was 
to  be  clone  first  to  facilitate  the  invasion,  wbicU 
was  to  follow  immediately  upon  the  execution 
of  the  assassination:  For  they  thought  ihej? 
could  hive  no  assurance  of  success  in  their  lu^ 
vasion,  as  bug  aa  the  king  lived  j  and  I  hope 
every  one  will  lake  notice,  how  precious  that 
lite  IS  to  us,  when  it  is  so  apparent  to  all  the 
world,  that  our  enemies  cnnnot  hope  for  any 
success  to  iheir  eoteqirizes  and  designs  to  de- 
stroy us,  but  by  taking  that  litb  away. 

Gentlemen,  this  very  conspiracy,  you  will 
hear,  the  prisoner  at  the  bar  was  acquainted 
with,  and  privy  to,  eveu  ibis  assassmatiou  ; 
though  indeed  you  will  hear  he  did  not  much 
approve  of  it,  because  he  thought  it  would  be  & 
disscn'ice  to  the  lateVmg^^s  affairs  ;  but  he  wa« 
at  serei-al  meetiags  wilh  IVIr.  Porter,  and  Mr. 
Charnock,  and  sir  William  Perkins,  a»d  eeveral 
others  that  were  conspirators  in  that  design, 
;md  wa^  acquainted  with  il,  as  you  will  bear  by 
the  evidence* 

Gentlemen,  yon  will  hear  further,  that  aboul 
Janunry  last,  the  invasion  being  intended  to  be 

?tnckly  made,  the  prisoner  at  the  bar<  sir  John 
'rciodfhad  frequent  meetings  with  Dlalr,  that 
was  lieuteoant-colouel,  and  other  ofBcers,  to 
consider  and  prepare  how  to  be  in  a  readiness,^ 
About  that  time  the  prisoner  at  the  bar,  captain*  ] 
Blair,  and  one  captain  Ridley,  met  at  a  place 
in  E jcch an ge- alley,  and  there  they  discoursed 
among  one  another;    and  there  Ridley  said 
there  was   a  considerable    Roman    Catholic 
that  waa  sent  to  king  James^  and  \m  would' 
bring  the  last  orders ;   and  bir  John   Freind' 
said  he  knew  of  it  very  well,  it  was  so,  and' 
be  hoped  he  should  have  them  brought  very' 
quickly.  < 

At  auother  time,  the  prisoner  at  ihe  bar,  and*<i 
Blair  his  lieutenant-colonel,  met  at  Jonathan'* 
coffee-house,  and  the  prisoner  took  him  un  in  ' 
his  coach,  and  carried  him  along  with  hitn, 
and  there  they  had  a  great  discourse  of  the 
aflkirs  of  the  regiment.  The  prisoner  at  th« 
bar,  sir  John  Fretnd,  told  Blair  they  must  be 
very  good  bu&bands  of  their  money :  for  If  tht ' 


15] 


S  WILLIAM  III. 


Trial  qf  Sir  John  Freind, 


[1 


invasioD  iliould  miscarry,  he  should  not  have 
inooev  enough  to  carry  on  his  trade,  but  he 
ivoulcf  take  care  about  some  officers  that  had 
not  money  to  mount  themselves ;  hut  a  great 
many  were  to  prepare  for  themselves  at  their 
own  charges,  and  for  those  that  were  to  be 
under  them.  They  had  likewise  then  some 
discourse  about  the  Toulon  fleet  coming  about, 
and  that  he  thought  it  not  advisable  till  the 
Toulon  fleet  came  round.  He  said  he  would 
not  put  a  foot  iu  the  stirrup  till  that  were  done ; 
and  that  he  would  keep  out  of  the  way  till  all 
was  iu  a  readiuess,  and  advised  captam  Blair 
to  do  so  too. 

Gentlemen,  you  will  fmd  it  further  proved, 
that  about  May  last,  the  prisoner  at  the  bar  paid 
20/.  to  this  captain  Blair,  who  had  laid  out 
monies  in  the  aflairs  of  the  regiment,  and  this 
was  to  reimburse  him  what  he  had  so  laid  out ; 
and  it  was  in  this  manner :  You  have  all  heard, 
I  suppose,  of  one  colonel  Parker,  who  being 
taken  upon  his  coming  over  from  France,  was 
a  prisoner  in  the  Tower,  but  made  his  escape 
from  thence,  to  which  escape  the  prisoner  at 
the  bar  was  privy.  This  escape  cost  300/.  as 
you  will  hear,  and  the  prisoner  laid  down  100/. 
of  it.  But  this  was  to  be  repaid  him  ag^in: 
but  how  was  it.^  There  was  one  Johuson  a 
priest,  a  conspirator  likewise  in  this  design  of 
assassinating  the  king,  and  he  undertook  and 
promised,  that  the  late  king  should  pay  this 
100/.  And  accordingly  one  Piggott  went  over 
into  France,  and  had  this  100/.  paid  him  by 
king  James,  to  repay  it  to  sir  John  Freind : 
but  ne  thought  flt  to  keep  the  money,  and  sir 
John  Freind  could  not  ^ei  it  of  him,  and  he 
durst  not  ask  it,  because  he  knew  the  considera- 
tion was  not  flt  to  be  made  public.  But  he 
told  captain  Blair,  I  cannot  pay  you  the  money 
out  of  my  own  pocket ;  but  Pio;gott  ouj^ht  to 
pay  me,  who  has  received  this  uioney  ofmine. 
It  you  will  prevail  with  Johnson,  who  got  this 
money  from  the  late  king  to  be  paid  to  Pi^gott, 
to  persuade  Piggott  to  pay  this  20/.  1  will  allow 
it  in  part  of  the  money  he  is  to  pay  me,  and 
you  shall  have  it.  Captain  Blair  did  prevail 
with  Johnson  to  persuade  Piggott  to  pay  this 
SO/,  and  cajitain  Blair  did  receive  it,  and  sir 
John  Freind  did  agree  to  allow  it  to  Piggott 
out  of  the  100/.  due  to  bitn. 

Gentlemen,  at  another  time,  about  Christ- 
mas last,  there  was  another  20/.  paid  by  sir 
John  Freind's  order  and  direction,  by  Piggutt 
to  Blair,  u[)on  the  suiuc  account,  by  the  me- 
diation of  Johnson  the  priest ;  and  this  was 
paid  and  allowed,  as  being  laid  out  in  the  aflairs 
of  the  regiment  before,  he  being  intrusted  as 
lieutenant -colonel  to  look  atler  the  regiment. 

Gentlemen,  I  have  now  opened  the  substance 
of  the  evidence;  the  particulars  you  will  hear 
from  the  witnesses  themselves.  If  I  have 
opened  it  amiss,  you  will  take  care,  when  the 
witnesses  are  proiluceil,  to  observe  what  they 
say,  who  wi>l  tell  yon  what  really  was  done, 
and  \\\\\  rectify  any  mistake  of  mine:  for  I 
would  have  no  such  mistake  to  do  the  prisoner 
•t  the  bar  any  prejudice. 


Sol.  Gen.  (sir  John  Hawles).  Gentltnia 
Mr.  Attorney  has  opened  the  nature  ud  cow 
of  our  evidence  so  fully,  that  I  shall  malm  ■ 
repetition  of  any  of  the  particuhirs;  but  ^ 
our  witnesses,  and  prove  it  in  order  as  it  W 
been  opened.  And  first,  we  call  captain  OtiM| 
Porter.    [Who  came  in.] 

Freind.  BIy  lord,  before  Mr.  Porter  is  swan 
I  desire  to  know  whether  he  is  a  Uoman  Oi 
tholic  or  a  Protestant? 

L.  C.  J.  Why  do  you  desire  that  ?  Is  not 
Roman  Catholic  a  witness?  Though  be  be 
Roman  Catholic,  that  is  no  objection  to  hb  be 
ing  a  witness. 

Freind.  My  lord,  I  desire  to  ask  him  th 
question,  whether  he  be  a  Roman  Cathtii 
or  no? 

L,  C.  J.  Sir  John  Freind,  it  is  not  a  prop 
question. 

Freind.  My  lord,  a  man  ought  to  know  wli 
profession  they  are  of,  that  are  witnesses  agiin 
nim  for  his  life. 

L.  C.  J.  Will  you  ask  him  whether  he  bt 
Christian  or  no  ? 

Freind.  My  lord,  1  desire  to  know  wkatb 
he  be  a  Papist  or  a  Protestant. 

Jtt.  Gen.  If  Mr.  Porter  be  willing  toll 
yon,  he  may  ;  but  it  is  not  a  proper  qnrslic 

L.  C.  J.  Especially  before  he  is  sworn  ;  | 
is  not  intitled  to  ask  any  questions  wbateti 
till  he  be  sworn. 

Freind.  My  lord,  I  beseech  you  let  iiie  fan 
the  question  answered. 

Soi.  Gen.  Sure  you  don't  consider,  that  ll 
answer  to  that  question  is  to  accuse  hioMill 
you  don't  consider  the  consequences  of  it. 

Freind.  Pray,  my  lord,  let  me  have  fli 
right. 

L.  C.  J.  The  question  is,  Whether  it  if  jm 
right  or  no  ? 

Freind.  Mv  lord,  I  would  not  trouble  tl 
court  if  I  could  help  it,  but  my  life  and  all  is  i 
stake,  and  I  must  make  the  best  defenca  I  csi 

X.  C.  /.  Indeed  your  question  is  improfii 
iu  itself;  but  if  he  nave  a  mind  to  tell  yoi 
and  answer  voluntarily,  he  may. 

Freind.  I  humbly  be^  your  lordahip  thi 
he  may  answer  the  question. 

L.  C.  J.  I  cannot  see  you  have  a  right  ^ 
have  this  question  answered  you.  ! 

Freind.  Mr.  Porter,  you  are  a  gentleoMI 
and  I  desire  you  will  answer,  Whether  yoa  I 
a  Roman  Catholic  or  not  ? 

Sol.  Gen.  Before  he  does  answer,  I  d«l 
he  may  be  acquainted  with  the  danger :  he  HI 
bred  a  Protestant,  no  doubt,  and  then  tamil 
Roman  Catholic,  he  subjects  himself  tO(  a  ?« 
severe  penalty. 

L.  C.  J.  i^lr  John  Freind,  I  told  yoa  yoi 
question  was  not  proper  to  be  asked. 

Freind.  Pray,  my  lord,  let  him  answer  tl 
question,  it  will  be  of  great  use  to  me  in  ■ 
trial ;  pray  let  me  have  my  right. 

JL  C.  J.  You  shall  have  all  the  right  ta 
you  that  can  be;  but  in  the  first  place,  if. 
man  be  a  Roman  Catholic,  notwithttaiidiaKli 
rdigioD,  he  is  a  good  witoeai :  and  beMdci  tM 


jbr  High  Treatoih 

lif  uwwcring  the  question  may  sub- 
»  screral  peualties;  at  least  be  is 
•ecnCkiD  upon  several  acts  of  par- 
t  are  rery  penal ;  and  therefore  it  b 
•  to  be  asked. 

Bly  lord,  1  pray  only  that  he  may 
question. 

No  man  is  bound  to  answer  any 
St  tends  to  make  bim  accuse  bim- 
ect  him  to  any  penalties. 
M^  lord,  I  do  with  submission  de- 
it  Ts  no  f^reat  matter  for  him  to  say 
he  a  Papist  or  Protestant. 
If  it  be  uo  crreat  matter,  then  why 
It  upun  it  T  But  perhaps  it  may  t>t* 
ter  in  the  consequence  of  it  to  him ; 
pfore,  is  not  obliged  to  answer  any 

MIS. 

I  beseech  your  lordship,  let  him 

question. 

You  have  my  opinion ;  if  you  will, 

i¥e  the  opinions  of  the  rest  of  the 

opinion  is.  That  the  question  ought 
9wered. 

Treby.  Since  your  lordship's  plea- 
it  we  should  deliver  our  opinions 
oint,  I  must  declare,  1  am  of  the 
>D.  that  no  man  is  bound  to  answer 
nsthat  will  subject  him  to  a  penalty, 
f .  If  you  should  ask  him,  whether 
Jeer- stealer,  or  whether  he  were  a 
ir  any  other  thing  that  will  subject 
lishmeot,  *  either  by  statute  or  by 
w,  whether  he  be  guilty  of  a  petty 

tbe  like,  the  law  does  not  oblige 
irer  any  such  questions.* 
Well,  I  hope  the  jury  will  consider 
;  will  not  answer  the  question ;  and 
bey  are  to  take  it  for  granted  that 

Trefy,  And  now  to  this  present 
I  ask  a  man  whether  he  be  a  Fopish 

is  to  subject  him  to  danger:  for 
ask  him  that  question,  if  he  were 
IP  in  that  relijgion,  then  for  him  to 
If  of  that  religion  now,  is  to  own  as 
me  as  that  you  are  charged  with, 
not  si>,  but  he  was  always  bred  in 
HI,  yet  there  are  very  great  penalties 
luhiect  to,  as,  the  confiscation  of  two 
of  his  estate,  and  several  other  things 
IT  be  liable  to,  if  he  should  disclose 

liis  answer  to  the  question,  which 
bis  discovery  could  not  "be  proved, 

We  must  keep  the  law  steady  and 
een  tbe  prisoner  and  tbe  witness, 
'm/.  I  am  of  the  same  opinion,  it 
ct  bim  to  a  penalty ;  and  unless  he 
Urily  answer  it  of  himself,  I  think  it 
demanded  of  him  :  for  he  may  sub- 
tf  to  a  prosecution  by  it. 
!sMy.  I  think,  it  is  not  a  question 
if  r^t  be  imoosed  upon  him ;  be 
111;  but  he  is  under  no 


A.  D.  1699. 


[18 


vii,  if  be  will 


UU. 


ooDocfumilf 
e.  9.  a.  S. 


this  in 


obligation  to  answer  it,  because  it  may  tend  to 
accuse  himself  of  a  crime  for  which  he  may  be 
prosecuted,  and  likewise  will  subject  him  to 
other  penalties,  which  the  law  cannot  compel 
bim  to  subject  himself  to. 

(Then  Captain  Porter  was  sworn.) 

Freind,  1  hope,  gentlemen  of  the  jury,  you 
will  consider  this. 

Sol.  Gen.  Mr.  Porter,  do  you  know  sir  John 
Friend,  the  prisoner  at  the  bar  ? 

Capt.  Porter.    Yes,  Sir. 

Sol,  Gen,  Pray  then  will  you  give  my  lords 
and  the  jury  an  account  what  meetings  you 
have  had  with  him,  where  those  meetings  were, 
and  when,  and  what  passed  between  you,  about 
inviting  the  French  over  hither,  or  for  a  rising 
here? 

Porter.  My  lord,  about  the  latter  end  of 
May  last,  or  the  beginuing  of  June,  we  had 
two  meetings;  one  was  at  the  King's- Head, 
in  Leaden liall- street,  and  the  other  at  Mrs. 
Mountjoy's  in  St.  James's-street.  At  the  fu-st 
meeting  there  were  present  my  lord  of  Ailes- 
bury,  my  lord  of  Montgomery,  sir  John  Freind, 
sir  Wm.  Perkins,  sir  John  Fenwick,  Mr.  Cook, 
captain  Charnock,  and  myself;  afler  dinner 
Mr.  Goodman  came  in :  now  at  both  those 
meetings  it  was  consulted  of,  and  agreed,  to 
send  captain  Charnock  into  France  to  kine 
James,  to  desire  him  to  borrow  of  the  French 
king  10,000  men  to  come  over  hither,  8,000 
foot,  1,000  horse,  and  1,000  dragoons.  Capt. 
Charnock  said,  he  did  not  care  to  go  upon  a 
foolish  message,  and  tlieretbre  desired  to  know 
what  they  would  have  him  to  acquaint  kins^ 
James  with,  and  assure  him  of.  They  au 
agreed  to  meet  the  king  whenever  they  had 
notice  of  his  landing,  with  a  body  of  2,000 
horse;  of  which  every  one  in  particular  was  to 
bring  their  quota  wherever  he  would  appomt. 

Att.  Gen.  When  was  the  second  meeting? 

Porter.  That  was  at  Mrs.  Mountjoy's. 

Att.  Gen.  But  I  ask  you  when  it  was  ?  How 
long  after  the  first  ? 

Porter.  I  believe  it  was  about  a  fortnight 
after,  or  so. 

Att.  Gen.  What  was  that  meeting  for  ? 

Porter.  The  second  meeting  was  to  confirm 
the  first  Captain  Charnock  informed  me, 
that  he  was  to  go  within  three  or  four  days, 
and  therefore  desired  to  have  a  meeting  before 
he  went. 

Att.  Gen,  What  discourse  was  there  at  that 
second  meeting P  What  occasion  was  there 
for  it  ? 

Porter.  Capt.  Charnock  desired  the  meet- 
ing once  more  before  he  went,  to  see  whether 
we  all  kept  our  resolution. 

Sol.  Gen.  Pray,  what  do  you  know  of  air 
John  Freind's  agreeing  to  raise  a  regiment  of 
horse? 

Porter.  I  know  nothing  of  that  matter,  bat 
what  I  have  heard  several  people  talk  ;  but  I 
have  heard  him  say,  he.  would  be  as  ready  as 
auy  msn,  whenever  the  king  came ;  and  I  have 
heard  from  capt.  Chamocki  aad  fic^ia  tir  Wil« 

C 


19] 


8  WILLIAM  UL 


Ham  Perkyni,  that  he  had  a  commissioti  to  be 
a  colonel  of  horse. 

Att.  Gen,  Pray,  Sir,  upon  that  second 
meeting,  who  were  present  ? 

Porter,  1  told  you,  Sir,  the  priioner  at  the 
har  was  present  at  both  meetings. 

SoL  Gen.  Who  else  were  there  ? 

Porter,  My  lord  of  Atlesbury«  sir  William 
Perkyns,  capt.  Chamock,  and  I  cannot  tell 
whetner  my  lord  Montgomery  and  Mr.  Good- 
man were  there  ;  Mr.  Cook  and  myself  were 
there  ;  but  the  prisoner  at  the  bar  I  am  sure 
was  there. 

Sol.  Gen.  Pray,  capt.  Porter,  will  you  re- 
member and  recollect  yourself,  who  were  at  the 
iSrst  meeting  P 

Porter,  fhafe  named  them  already,  Sir. 

SoL  Gen.  Name  them  again  then. 

Porter,  My  k>rd  of  Ailesbury,  my  lord 
Montgomery,  sir  John  Freind,  sir  William 
Perkyns,  sir  John  Fenwick,  capt.  Chamock, 
Mr.  Cook,  and  myself ;  we  dined  there,  and 
after  dinner  Mr.  Goodman  came  in. 

Att,  Gen.  Pray,  Sir,  when  ^d  you  see  Mr. 
Chamock  afler  tnis,  and  what  discourse  had 
you  with  him  about  his  journey,  and  the  suc- 
cess of  it? 

Porter.  I  never  saw  him  till  3  or  4  days 
after  our  riot  business  in  Drury-Iane,  upon 
the  account  of  which  I  hail  been  a  prisoner  in 
Newgate.  ^ 

/  Att.  Gen.     Well,  and  what  did  he  say  to 
you? 

Porter.  He  told  me  that  he  bad  been  in 
France,  but  that  king  James  told  him,  the 
French  king  could  not  spare  so  many  men  that 

J  ear ;  and  withal,  that  he  bad  been  with  sir 
ohn  Freind,  and  the  sereral  other  persons, 
with  messages  from  the  king ;  but  1  do  not 
know  whether  he  had  been  there  or  no,  only 
as  he  told  me,  that  he  had  been,  and  brought 
that  answer. 

Att.  Gen.  Pray  now  tell  us,  what  other 
meetings  you  have  had  about  this  matter  thb 
winter? 

Porter.  I  was  once  with  sir  George  Barcley 
and  sir  John  Freind,  at  the  Nag's- bead  in  St. 
James's-street;  1  cannot  tell  what  discourse 
they  had  ;  they  whispered  among  themselves. 

Att.  Gen.  Who  else  was  there  r 

Porter.  There  was  sir  George  Barcley,  sir 
William  Perkyns,  myself,  Mr.  Terguson,  and 
•ne  Humes. 

L.  C.  J.  Where  was  that,  do  you  say  ? 

Porter.  At  the  Nag's -head  in  St.  James's- 
street 

Att.  Gen.  Was  there  any  body  else  there 
that  you  can  remember  ? 
.  Porter,  Capt.  Chamock  came  in  after  dinner, 
but  I  cannot  say  he  dined  there. 

Att.  Gen.  And  who  else  do  you  remember  ? 
^  Porter.  There  came  in  one  Harrison  after 
dinner;  he  is  a  reputed  Romish  priest,  and  goes 
by  the  name  of  Johnson. 

Mr.  Mountague.  Pray,  capt  Porter,  what 
was  that  meetingfbr  ^ 

.JPsHir.    Tliey  bad   ftrcnl  wl 


Trial  of  Sir  John  Freind^ 

among  themsdf^,  but  what  they  dis< 
1  cannot  tell. 

Mr.  Mountague,  Pray,  did  sir  Jol 
say  any  thin^  that  you  heard  at  that 

Porter.  Sir  George  Barcley  did 
some  people  that  were  not  so  violent  hi 
over  mto  France  to  stop  this  busine 
which,  said  1, 1  hope  you  will  have 
to-night  Upon  which  sir  John  Fr( 
is  there  any  thing  that  is  hul  behind 
tain  ?  If  there  be,  I  am  not  fairiy  dea 
I  will  proceed  no  further. 

Att.  Gen.  If  ur  John  Freind  has 
ask  him  any  questions,  he  may. 

L.  C,  J,  Pray*  cant  Porter,  let  mc 
this  question.  Did  all  that  were  ores 
first  meeting,  at  the  King's-bead  in 
hall-street,  agree  to  send  Mr.  Char 
France  to  the  late  king  ? 

Porter.  Yes,  my  lord. 

L.C.J.  All  of  them? 

Porter.  Yes ;  we  desiied  captain  < 
to  answer  to  the  king  for  us  that  we  w* 
him  at  the  head  of  S,000  horse. 

L.  C,  J.  Did  sir  John  Freind  agrc 

Porter.  Yes,  I  do  positively  affirm 

L.  C.  J.  Then  the  second  meetinf 
you  say,  was  at  Mrs.  Mountjoy's,  i 
said  then  ? 

Porter.  We  did  agree  all,  That  ca 
nock  should  go  on  with  the  message 
resolved  upon  at  the  first  meeting, 
would  go  on  with  the  business ;  and  I 
would  go  away  in  two  or  three  days. 

Att.  Gen.  Will  sir  John  Freind  as! 
questions  ? 

Freind.  I  will  only  ask  him,  if 
done,  whetlier  he  has  any  thing  mon 

Porter.  No,  Sir. 

L.  C.  J.  The  king's  counsel  have 
him. 

Freind.  Then,  m v  lord,  I  will  hea 
can  say,  and  when  I  have  heard  thei 
denoe,  I  shall  know  how  to  answer  t> 

L.  C  J.  Before  you  go,  captain 
would  ask  vou,  what  answer  Mr. 
brought  bacK  from  France  ? 

Porter.  I  say,  I  did  not  meet  wi 
Chamock,  until  after  I  came  out  of 
for  the  riot  business  ;  and  then  he  to 
had  been  there,  and  he  had  acqui 
several  gentlemen  with  the  messagi 
brought  from  king  James,  who  tba]\ 
for  Uieir  kindnesses;  but  the  Fre 
could  not  spare  so  many  men  that  ye 

Sol.  Gen.  Then  the  next  that  ^ 
Brice  Blair  (Who  was  sworn.)  Pn 
you  know  the  prisoner  at  the  bar, 
Freind? 

Capt.  Blair.  Yes,  my  lord  ;  and 
sorry  to  come  on  such  an  account  as 
against  him.    I  am  sorry  fir  it  wi 


Att.  Gen.  Well,  Sir,prav  wUl  yc 
aooount  what  yon  know  or  sir  Job 
having  a  oommiMon  firom  the  late 
a  colMid  of  hmei  ui  wkai  it  was, 


ft^  High  Treason* 
I  nj  ktnl  and  the  jury  ihe  whole 

All  ikai  f  C90  my  to  this  business  in 
I  ttj  Pt]itr,  and  1  refer  to  my  puper. 
(tfti  Y#ii  naufit  not  refer  to  your  paper, 

tcjl  mil  what  you  know. 
%  R»iii«jr  took  upOD  any  paper  to 

1 4k^  tte  ihe  commissiouy  Sir,  and  I 
L 

Its*  WbaS  cofnmtflsioii  was  it,  Sir? 
ii  inM  R  eommiMni  from  kiDir  James 
id. 
Where  did  you  see  it.  Sir  ? 
m  ii  m  M»  lodgings  at  the  Strand, 
firad  otiff  the  Straud,  io  Surrey* 

trm.  Who  shewed  it  voa  f 
Ha  ahewed  it  me  himself. 
Int.  What  was  it  flir  ? 
^J^  waa  fbr  raising  a  regiment   of 

^HWbeo  was  it  that  you  did  see  it  ? 

^■|i»wia  itf 

^yii  wiell  near  two  years  ago,  or 

^  as  1  remember 

>■«  Who  was  to  have  beea  colonel  of 

Mfltr 

Ha  was  oominaled  to  be  colonel  of  it 

I  liie  eooimisKion. 

X    Who   was    the    commissioo  di* 

directed  to  him,  to  sir  John 


PI  Wdlf  aiid  wliat  was  doue  upon  it  P 
vtobelhaoflicera? 
Ba  |irOflataed  me  lo  he  his  lieutenant - 
mA  I  had  tlie  same  from  Mr.  Bar^ 
aereral  letters  that  I  saw, 
ly  lord  Melford  and  secretary 
fiTth  king  Jamea« 
What  other  officera  were  there 

Tb»e  vaa  one  Richardson  wns  to  be 
I  CBfiaiaOv  and  ihei-e  was  one  Mr. 
■a  Io  iia  aoatheri  and  one  Hall  ano- 
jkm  waa  ta  be  bis  eldt^t  captain,  and 
UEfaaa  waa  to  be  his  captain-lieu- 
Veruatti   was  to  be 


fat.  Da  you  reroemher  who  waa  to  be 
'f 

Ha^  Sir,  1  think  I  cannot  he  positive 
rt»    f  ap^ke  tocapt  Baroesley,  that 
ant  tD  king  Jamea's  service, 
aiul  sometimes  he  accepted, 
ha  refuaed  it. 
ht^  Play,  what  did  you  do  as  lieu- 
taaal  upon  this  matter  ? 
I  cadaavoisr«Mi  all  I  could  to  get  offi- 
htokf  and  to  raise  troops,     Fendea* 
I  fil  vital  inen  1  couhl  myself, 
toi.    Piay  what  did  you  do  ?  What 
U  jwa  fwwcura  for  him  P 
I  tan  you  Vematti  and  Fiaber*  and 
JhM  thai  tiTCB  at  Deal. 
ia.  WImI  tiaa|Ni  did  you  get  under 


you? 
you  ? 

Blair,  What?  I  myself,  Sir,  do  you  meant 

Att.  Gen.  Yei,  I  do. 

Bkir,  Yes,  Sir,  I  did. 

Ati.  Oen,  Can  y<iu  name  any  of  them  ? 

Blair.  Yes,  Sir,  if  I  make  u^  of  my  paper. 

Sol,  Gfn,  You  may  makeuseof  your  paper 
to  refresh  your  memory- 

Bhtr,  There  is  a  paper  of  names  that  I  gave 
in  before  the  council. 

L.  C.  X  Mr.  Baker,  have  you  his  paper 
there  P  Let  him  see  it  to  refresh'  his  memory, 

Mr,  Bakfr,  I  have  none  of  the  papers,  my 
lord  ;  they  are  all  sent  before  the  council. 

Att»  Gen,  Pray,  Sir,  can  you  ttll  w  ho  was 
to  have  been  your  Ueutenant  iu  your  titiop  ? 

Blair.  One  Mr.  Bert  ham. 

Mr  Mountague.  You  say,  Sir,  you  were 
constituted  lientenanl  ct>loi»cl  ;  pray,  who  con- 
stituted you,  and  made  you  so  ? 

Blair.  I  had  only  a  promise  of  it  from  sir 
John  Freind,     . 

Ait.  Gen.  Pray,  did  you  lay  out  any  monies 
for  sir  John  Freind  ?  or  did  he  ever  pay  you 
any  money  afterwards  ? 

Blair,  Yes,  1  have  had  several  small  sums 
of  money  from  sir  John  Freind. 

Att.  Gen,  Pray,  what  was  it  for  P 

Blair,  It  was  to  drink  with  the  men  that 
belonged  to  the  regiment,  and  eiiconnige 
them. 

Ati,  Gen,  Pray,  did  Mr.  Ptggott  pay  you 
any  sums  of  money  ?  and  by  whose  order  ? 

nlair.  Yes,  he  paid  me  first  20/.  and  af\er« 
wards  he  paid  me  another  20/» 

Ait.  Gen.  By  whose  order  was  that,  !^iir  ? 

Blair.  It  was  by  the  order  of  sir  John 
Freind. 

Att.  Gen*  Pray,  Sir,  How  do  you  know 
that  sir  John  Freind  ordered  him  to  pav  it  youf  ] 

Blair.  Because  it  was  the  money  lliat  'Pig»i 
gott  had  received  to  repay  sir  John   Freind 
what  he  had  advanced  for  Ihe  furthering  of 
Parker ^s  escape  out  of  tlie  Tower. 

Att,  Gen.  How  do  you  know  that  he  ad- 
vanced   any   money    tor  procuring    Parker'a_ 
escape? 

Blair,  He  told  me  so  himself. 

Att,  Gen.  How  mucli  did  sir  John  FreinAf 
say  he  advanced  for  that  pur{>o5e  ? 

Blair.  Retold  me  100/. 

Ait.  Gen.  How  did  he  tell  you  he  was  to  ba^ 
paid  it  again  ? 

Blair,  He  told  me  that  king  James  ordered 
thepaj'ment  of  it  at  France,  when  Pig^ott  went 
over,  wh?ch  was  immediately  afterwards  ;  and 
I  had  of  that,  first  ^0/.  and  afterwards  UOL  by 
theorderofsir  John  Freind. 

Sal.  Gen.  Pray,  8ir,  did  sir  John  Frejod  tell 
you  what Piggott  had  received  in  France? 

Bluir,  Yes,  he  said  Piggott  had  i-eoeived 
100/.  in  France ;  and  be  *lid  not  pay  it  him, 
but  if  1  could  get  ZQl.  of  hia>,  he  if^uld  , 
allow  it. 

Jit.  Gen.  Pray  about  what  litne  was  it  that ' 
the  tint  20/.  was  racaivad? 


M] 


8  WILLIAM  HL 


Blair,  J  have  set  it  down  In  my  paper ; 
there  it  is. 

Ati.  Gen,  But  canoot  yon  tell  about  what 
time  it  was  P 

Blair,  It  was  about  last  May  or  Junei  the 
first  80/.  was  paid. 

Alt.  Gen.  When  was  the  last  SO/,  paid  ? 

Blair,  It  was  after  1  was  sick,  about  Mi- 
chaelmas. 

Mr.  Camper.  Pray,  Sir,  Who  was  by  when 
the  last  20/.  was  paid  P 

Blair,  Mr.  Piggott  paid  me  the  last  5/.  of  it, 
(for  I  received  it  at  several  payments  from  Mr. 
Pig^tt)  but  the  hist  5/.  was  before  sir  John 
Fremd,  at  Jonathan's  coffee-house. 

Sol,  Gen.  Pray,  do  you  know  any  thing  of 
air  John  Freind's  receiving  any  l^ter  from 
kiu^  James? 

Sluir,  Yes ;  he  told  me  he  had  a  letter  from 
king  James. 

Sol.  Gen,   How  long  ago  was  that? 

Blair,   Truly,  I  cannot  tell. 

Sol.  Gen.  1  don't  ask  you  the  precise  day, 
but  was  it  within  a  twelvemonth  P 

Blair,  Yes,  I  bdteve  it  might  be  there- 
abouts. 

Freind.  My  lord,  I  desire  he  may  speak 
out ;  for  I  dou't  hear  half  he  says. 

L,  C.  J,   Repeat  it  to  him  again. 

Blair.  Sir,  you  told  me  you  had  received  a 
letter  from  king  James. 

Friend.  My  lord,  I  shall  answer  to  all  this 
afterwards. 

Sol,  Gen,  Pray,  had  you  at  any  time  any 
discourse  with  sir  John  Freind  about  one  Slater  P 

Blair.    Yes,  1  had. 

Sol,  Gen.    Prav  tell  what  that  was. 

Blair.  He  told  me  he  was  to  bring  him  in 
several  officers ;  and  that  he  had  intended  to 
make  two  lieutenant-colonels,  whereof  captain 
Slater  was  to  be  one ;  but  when  he  saw  I  was 
not  satistied  with  that,  he  said  he  should  com- 
mand a  troop  of  non-swearing  parsons,  and 
tbev  should  M  an  independent  troop. 

Sol.  Gen.  You  say  that  Slater  was  to  com- 
mand that  troop  P 

Blair.  Yes,  and  it  was  to  be  an  indq>endent 
trooj>. 

Att.  Gen,  I  think  you  say,  that  he  and  you 
met  at  Jonathan's  coffee-house  P 

Blair.    Yes,  we  did  so. 

Att.  Gen.  Pray  what  discourse  had  you 
there  P 

Blair,  I  called  him  aside,  and  desired  to 
speak  to  him ;  and  it  was  when  Mr.  Fisher 
told  mc  of  tliiii  plot,  and  desired  me  to  speak  to 
him,  a  little  betbre  this  horrible  conspiracy 
broke  out.  And  1  told  liim  what  I  heard  from 
Fisher,  and  from  Harrison  the  priest  about  it ; 
and  he  told  me  that  he  had  heard  of  it,  and  he 
was  nfraid  it  would  ruin  king  James,  and  his 
affiiirs.  .^ 

Alt.  Gen.  What  was  it  that  you  told  him 
you  had  heard  P 

Blair.  This  last  horrid  thing,  the  conspiracy 
against  the  king's  life. 

Mr.  Camper.  Was  it  before  it  bidw  out  that 
lie  told  you  he  knew  of  It  f    ^ 


Trial  qfSir  Join  Frnnd^ 

Blair.  Yes,  it  was  shortly  before  it  br< 

Alt.  Gen.  Pray,  did  you  meet  wi 
again  P  And  did  be  carry  you  in  his  c 
at  any  time? — Blair.  Yes,  he  did.  Sir, 

Att.  Gen.  What  discourse  had  yo 
when  you  was  with  him  in  the  coach  P 

JB^ir.  He  took  me  in  his  coach  to  S 
tin 's-le- Grand,  and,  says  he,  I  will  do 
till  the  Toulon  fleet  meet  with  the  Brei 
at  that  time,  perhaps,  we  shall  be  all  tal 
but,  says  he,  you  may  sculk  about  tl 
better  than  I  can ;  and  therefore  I'll  kc 
self  private ;  and  we  must  be  as  good  h 
of  our  money  as  we  can ;  for  money 
very  scarce.  What  do  you  think  y( 
need,  says  he  P  Truly,  Sir,  says  I,  I  ca 
that  must  be  according  as  1  am  mountc 
I  found  I  had  a  few  indigent  officers  at  tl 

Att.  Gen.   Pray,  what  were  you  tu  < 

Blair.  Vte  were  to  sculk  up  and  dov 
when  he  asked  me  what  money  I  shou 
I  told  hirii  I  could  not  tell ;  for  there  i 
veral  indigent  officers,  most  of  which 
at  that  time ;  and  here  is  a  letter  thi 
from  sir  John  Freind,  to  confirm  my  n 
money  from  him. 

Att.  Gen.  Is  that  sir  John  Frein 
hand  P — Blair.  Yes,  Sir,  it  is. 

Att,  Gen.   Then  put  it  in.    Give  it 

[It  was  delivered  in  to  the  Attorney -G 

Sol.  Gen.  Pray,  what  have  you  li 
John  Freind  say  of  sir  John  Fenwick 
concerned  in  this  matter  P 

Blair.    I  heard  him  say,  that  he 
that  he  should  command  the  party  thai 
engaged  in,  and  that  sir  John   Fenw 
four  troops  of  horse,  that  lay  near  Rea 
be  employed. 

Sol.  Gen.  For  what  purpose  P 

hlair.  To  be  in  readiness  upon  the  i 

Freind.  Gentlemen  of  the  jury ,  1 C8 
a  word  ;  1  hope  you  hear. 

Att.  Gen.  Pruy,  Sir,  look  upon  tha 
\ou  say  you  had  that  letter  ftrom  f 
treind,  pray,  who  is  that  H  mentioned 

Blair.  It  means  Harrison  alias  J 
the  priest. 

Att.  Gen.  Pray,  what  was  that  lettei 
for? 

Blair.  It  was  about  the  Ust  SO/,  thi 
to  receive  from  Piggott. 

Att.  Gen.   Is  that  sir  John  Freiud's 

Blair.    Yes,  I  think  so. 

Att.  Gen.  Have  you  seen  sir  Johi 
write  P 

Blair.  Yes,  1  have  seen  him  writ 
think  it  is  the  same  hand. 

Att.  Gen,   Then  we  desire  it  may  be 

Then  a  Juryman  desired  he  might  b 
Wh^er  he  saw  sir  John  Freind  w 
letter  P 

X.  C.J.    What  say  yoa,did  you 

write  that  k*tter  P 
Blair.  No,  my  lord ;  it  came  to  my 
Ait.  dtn.   Did  he  ever  own  to  yoi 

writ  yoa  each  a  letter  P—£4nr.  Yei» 


Jhir  High  TreoMn. 

m.   Pnjy  let  it  be  read ;  read  it  all, 
1  short. 
Ir.  reads: 

?w  Captaio  Blair,  These. 

;  Tuesday  Morning, 

may  inoch  wooder  you  have  not  re- 
ins wer  of*  vours  before  now :  I  ba?e 
led  with  the  gout  in  my  hand  and 
1  have  not  been  able  to  pnt  pen  to 
thank  God)  I  am  somewhat  better, 
pe  to  be  in  London  a  Thursday  next, 
boor  <^  twelve,  at  Jonathan's  cofTee- 
he  weather  do  not  prevent  me ;  if  it 
i  not  come  before  Monday  following : 
*  you  fur  to  meet  me  about  that  hour; 
It  convenient  for  to  write  a  note  to 
r  some  reasons  1  shall  give  you  when 
I  wish  yon  good  health.  I  am, 
affectionate  friend  and  servant,  . 
"  John  Freind." 
a.  Prmy,  Sir,  what  dale  is  it  of? 
Ar,     It  lias  no  date  but  Tuesday 

m.    Did  sir  John  Freind  meet  you  on 
day,  according  to  this  letter  ? 
M.    My  lord,  I  desire  he  may  be  ask- 
thts  letter  came  to  him,  whether  by 

post,  or  how  ? 

1  doD't  know,  I  believe  it  was  by  a 

came  first  to  me  when  I  was  in  lied, 

ife  broaght  it  up  to  me. 

511.    Prmjt  Sir,  answ^  my  question. 

obn  Freind  afterwards  meet  vou  at 

s  coffee-house,  according  Jo  this  let- 

lir.    Yes,  Sir,  he  did. 

rem.    And  did  you  there  speak  about 

OB  that's  contained  in  that  letter? 

Yes,  Sir ;  and  accordingly  I  had  the 

ea.    What  order? 

Ao  order  for  the  SO/. 

!«.    Captain  Blair,  do  you  remember 

dined  with  sir  John  Freind  near  the 

e,  in  January  last  ? 
Yes,  I  think  1  did,  Sir. 

r».  What  discourse  was  there  between 
^  Who  was  with  you  besides  you  two? 

1  must  refer  that  to  my  paper. 
fi.    Well  then,  what  discourse  was 
f  on  and  sir  John  Freind  there  ? 

It  is  down  in  my  paper. 
m.    Do  you  know  one  capt.  Ridley  ? 

ra.  Was  he  at  any  time  present  when 
the  prisoner  at  the  bar  were  together  ? 

f.  My  lord,  I  cannot  hear  a  word  he 

/.  Here  is  a  great  noise  indeed,  and 
ms,  is  not  well,  and  speaks  but  low ; 
Icr  silence  in  the  court.  [Which  was 
Proclamation.] 

L  Look  ye,  air  John  Freind,  he  speaks 
r  that  you  sent  to  him  that  bears  date 
CMtey  momtng,  that  you  would  be  in 
d  seel  him  at  Jonathan's  eoffee-bou^ 
«nda/  foUowiDgi  at  twelve  o'clock; 


A.  D.  169S.  f  S6 

and  that  letter  was  read,  and  he  says  he  met 
you  accordingly,  and  there  was  order  taken  for 
the  payment  of  the  last  20/.  This  is  that  ha 
says :  did  you  hear  it  ? 

Freind.   No,  my  lord,  I  did  not. 

JLC.J.  That  is  what  he  said.  Then  go 
on :  you  say  he  met  you  at  Jonathan's  ooffee' 
house  according  to  that  letter  ? 

Blair.  Yes,  my  lord. 

L.  C.  J.  What  was  done  there,  when  yoa 
met  ? — Blair.   Nothing  but  the  order. 

L.  C.  J.  Who  did  he  give  the  order  to? 

Blair.    He  gave  the  order  to  Harrison. 

X.  C.  J.    Why,  was  Harrison  there  ? 

Blair.  Yes,  he  came  there  before  I  came 
away. 

L.  C.  J.  But  you  say  he  gave  the  order  to 
Harrison  f-^Blatr.  Yes,  my  lord. 

L.  C.  J.  What  was  the  order  for? 

Blair.    It  was  to  pay  me  that  money. 

L.  C.  J.    What  money  was  that  ? 

Blair.    It  was  the  last  20/. 

Alt.  Gen.  Was  the  20/.  paid  you  after- 
wards f-^Blair.  Yes,  Sir. 

Att.Gen.    Who  paid  it? 

Blair.  Mr.  Piggolt ;  he  paid  me  the  last  5/. 
of  it  before  sir  Jonn  Freind's  fiice. 

L.  C.  J.  Was  this  the  first  20/.  or  the  last, 
do  you  say  ? — Blair.  It  was  the  last. 

JL.  C.  J.   What  was  this  money  paid  for? 

Blair.  I  believe  it  was  to  support  me  to  go 
about  the  business  of  the  regiment. 

L.  C.  J.  You  believe ;  that's  not  enough : 
but  are  you  sure  it  was  so  ? 

Blair.   Yes,  I  am  sure  it  was  for  that. 

L.  C.  J.  Had  you  ever  demanded  money  of 
him  before? — Blair.  Yes,  I  had. 

L.  C.  J.  For  what  was  that  money  that  you 
demanded  ?  > 

Blair.  It  was  to  drink  with  the  men  that 
were  brought  in ;  to  cherish,  and  keep  then 
together. 

-  L.  C.  J.   To  what  purpose  were  those  men 
kept  together  ? 

Blair.  They  were  for  his  regiment. 

Sol.'  Gen.  Pray,  had  sir  John|Freind  any  oc- 
casion to  pay  you  any  money  upon  any  other 
accoufnt? 

Blair.    No,  Sir,  not  out  of  that  100/. 

Mr.  Cowper.  You  d(»  not  understand  the 
question.  Had  you  any  dealings  with  sir  John 
Freind,  but  al>oui  this  matter  concerning  the 
regiment?— B/air.    No,  never  in  all  my  life. 

Att.  Gen.  Well,  sir,  do  you  remember  your 
meeting  with  sir  John  Fremd  when  one  llid- 
ley  was  there  ? 

Blair.   Yes,  it  was  at  the  chop-hou^. 

Att.  Gen.  Give  an  account  what  passed 
there. 

Blair.  Mr.  Uidley  said,  a^ gentleman  waa 
lately  gone  over  to  France,  about  ten  days  be- 
fore ;  and  Mr.  Ridley  said,  he  was  a  very  sen- 
sible gentleman,  a  Roman  Catholic,  an  ancient 
man,  about  threescore  years  of  age,  what  he 
was,  I  can't  tell :  he  said,  he  believed  he  should 
bring  the  last  orders. 

Att.Gen.   What  did  sir  Joho  Freind  say  f 


m 


8  WILLIAM  m. 


Blair,  Sir  Jobti  Freind  said,  He  ktiew  nf 
it ;  but  he  named  do  more, 

SoL  Gen,  Wliat  was  the  effect  of  those  or* 
ders,  as  yan  uQtlerfitood  f 

Blair,    1  cAunoi  tell  that.  Sir,  indeed. 

SoL  Gtn.    Did  you  know  Mr.  Cbiirnock  ? 

Blair,    Yes,  t  did, 

SoL  Gen.  What  do  you  know  af  hii  going 
to  France  ? 

Blair.  I  met  Slim  iipou  the  Exchange  the 
last  summer^  and  I  told  hvm,  1  ex]>t:*€tcit  not  to 
have  ieen  htm  here  at  Ihat  time,  1  thought  he 
liad  been  abroad ;  he  told  me  be  was  come 
from  France  \  but  who  &ent  him  I  camiot  tell, 
I  do  not  know,  u^n  my  life. 

LSoL  Gen.    Pray  what  has  sir  John  Freind 
said  to  yoa  about  Fergusou?   Whether  was 
not  he  to  hare  been  an  otBcer  in  his  t^gimeiit .'' 
Blmr,    No;    but  sir  John   Freind  said,  he 
wonid  jiiin;   and  Mr  Ferguson  himself  has 
told  me  so. 
Ati.  Gen,    When  did  he  ttU  you  so  ? 
Blair,    A  gOiwl  while  ago. 
.    Alt,  Gen^    How  long  ago  ? 


I 


Blair,   Two  years  ago,  and  ahoye. 


Sot,  Gen.  Did  i>ir  John  Freind  tell  you  any 
thing  about  Ferguson,  that  tie  would  bring  in 
any  men? 

Blair.  Yes,  he  said  he  would  bring  in  a  great 
many. 

Att,  Gen,  Will  the  priioner  ask  him  any 
i^uestions  ? 

L.  C.  J.  Sir  John  Freind,  wiU  you  ask  this 
witness  any  4|uealions  ? 

Freind,  Yes,  m_y  lord,  I  shall  by  and  bye, 
if  Ihey  have  done  with  him, 

L,  C.  J,    Yes,  they  have  done  with  him. 

(Then  he  {^i  a  used,  and  [lerused  his  Papers.) 

Freind,  Fust,  a?*  to  the  commission  yon 
charge  me  witti,  that  I  should  receive  a  com- 
mission from  kiug  James  ;  1  desire  to  know, 
whetlier  it  was  signed,  or  sealed,  and  %vhat  dale 
ilwtsf 

Blair.  I  cannot  tell  the  datei  indeed,  sir 
John ;  for  I  neirer  thought  to  come  here  upon 
gueii  an  account  as  this ;  but  1  think  it  was  in 
paper,  signed  above  *  James  Rex,'  and  below, 
*  By  his  Slajesty^s  Command,  Melford  ^^  and  a 
littfe  seal  upou  the  margin. 

Freind.  This  is  the  hardest  thmg  b  the 
world  upon  a  man ;  here  you  have  ctiarged 
ine  with  money  to  subsist  and  encourage  sol- 
diers,—B/ajr.  Yes,  Sir. 

Freind.  I  would  only  say  thii  :  you  were 
recommended  to  me  for  a  very  honest  man, 
and  you  bare  come  to  me  several  times,  and 
told  me,  Sir,  my  necessities  are  very  great,  I 
am  ready  to  starve,  1  have  a  gr^^t  charge ;  ihr 
God^a  sake,  will  you  be  pleased  to  hestow 
something  upon  me,  to  relieve  my  necessities  ? 
It's  true,  I  have  given  you  money  several 
limes,  but  I  never  gave  it  for  any  other  use 
but  charity  \  God  knows  my  heart.  1  dcMre 
you  to  consider  with  yourself,  and  aoswer  it. 
There  is  a  God  above,  where  you  must  ^ive  an 
«ccouDt  fts  well  aa  I,  and  i  hope  you  wdl  con- 


are 


Trial  of  Sir  Jahn  Freind, 

sider  of  it.     Pray  declare  the  trutli,  V 
you  have  not  writ  those  lines  to  roe 
times,  that  you  were  ready  to  starve, 
ged  of  me  to  relieve  your  nec<^ftities? 

Blair.  I  bare  so,  Sir,  I  acknowledge 

Freind,     Pray  take  me  right,  and 
that  money  1  g^ave  you,  only  upon  pure 

Blair,  Yes,  you  did  give  me  charity,  b 
had  expended  m)  much  nvmey  in  your  b 
ne^,  that  reduced  me  to  that,  God  korms 
heart.  I  have  laid  out  many  a  pound  upon 
affair. 

Freind,    It  is  the  hardest  thing  in  the 
lb  in  is  a  floman  Catholic  too. 

Blair,    I  am  sure  it  cost  me  many  a 
more  than  ever  I  had  of  you, 

Freind.     You  say  you  listed  a  great 
nieo,  who  were  ihe  men.?    What 
ttames  i*  Who  were  they  for  ? 

Bhir,  I  have  given  a  list  of  them  to 
council. 

Fraud,  Who  are  they?  for  God  knows, 
know  nothing  of  them. 

L,  C.  X  You  have  a  list  Uicre,  let  it  be  | 
duced. 

Blair.  I  gave  it  to  the  council ;  :uid, 
John,  I  brought  in  several  otHcers  to  you. 

Att,  Gen.  Remember,  and  name  asm 
as  you  can. 

Blair.    I  have  named  the  oS^fjers  alreadj^ 

Ati*  Gen .    Na me  th em  again . 

Blair,  Did  not  1  bring  captain  Fisher 
you  ?  and  did  not  yon  promise  to  make  hi 
your  eldest  captain  r 

Freind.    No,  you  never  did. 

L.  C.  J.  These  are  questions  of  pur  o^ 
asking,  so  you  must  hear  him. 

Bltur,  I  brought  captain  Fisher  to  ymx,  i 
accordingly  we  dined  at  captain  Simons*s  ;  i 
tliere  was  captain  Ridley^  Mr.  Richardson,! 
Mr,  Fisher  and  you  talked  together,  and 
listened  to  him,  and  in  my  own  hearing  yi 
promised  he  should  be  eldest  captain,  u, 
condition  that  he  would  bring  in  a  troop ;  i 
til  is  is  true,  so  help  me  God. 

Freind^  K^rayi  where  are  your  men?  \ 
what  are  your  men  that  you  listed  ? 

Blair,  1  never  spoke  of  listing,  1  only  spo| 
of  encouraging. 

Freind,  Did  not  you  say  you  bad  listed 
great  many  men  for  to  he  of  my  regiment  f 

Blair.    No,  8ir,  I  did  not. 

All.  Gen.  I  think  you  do  mistake,  sir  Jobi 
he  did  not  aay  list. 

Blair^  I  had  money  from  you  upon  the  a 
count  of  encourag^g,  and  treating,  and  drini 
Lng  with  a  great  many  of  the  men :  and  y 
said  it  tvas  im possible  to  keep  them  togethc 
but  that  I  must  have  money  to  treat  them, 
drink  with  them  ;  hut  you  desired  me  to  be  i 
good  a  huslvand  as  I  could. 

Fr€i7id.  I  never  said  so  ^  these  are  very  hai 
tilings  upon  me. 

Blair.  Did  not  I  bring  captain  Cole  as 
captain  Ncale  to  you,  and  his  brother* in  la' 
Mr.  Robinson,  aiKl  Mr*  Gellibrand  ?  and  dj 
not  we  dine  together? 


High  Treainn, 
I  loMff  Dvllimg  of  atl  l!us»  1  ileclare 

mm- 
L  C  /.   If  joo  woit)<)  ask  bim  any  mortt 

AUr.  I  Imitiglit  tlii99e  tliree  gentlemfni  anil 

I.  '  'fut  diii  you  dine  llien  ? 

^        .     ;  Ucktiey,  uljeu  sir  Jobn  lived 
k«i^«  W  0^11  fiiMise. 
l^mi,   WHm  was  it  ? 
Ibp.    I  a  year  iiffo.     Pray,  sir 

kli^  4m  I  II  dteli  roe  out  of  coiinte- 

nK;J^tvgh  1  am  vrry  ill  ;  1  fi^iuk  notUiti^ 
[iHlliplnitJi,  Mill  Ihtrdurt*  t  viilt  not  bt^  ihixltt^d 
III CBUBleiMfvrr.      Yuit  kuow  tt hat  I  »iay  tn 
r;  ywn   ib^n  dmtik  a  ip^tass  of  i^ine  to 
»  C«l9:  Mtd  cSifl  not  you  promisi!  him, 
elc  ii«8  ofi«»  af  your  mothers  name, 
|taW«b<«lil  h^**^'  *  T'''«*'e  in  Uie  Excise  next 
itf  flic  oociii  .;'  ^i.iys  I,  sir  John, 

kitvil  yim  j;«    -  ,.  <i,  suys  be,  you  shsUl 

biKlWr^pukenL,  tnon.   Tliifi  was  belore  Hi>- 
|jMi>b«  vMMher-LU-htw,  and  Mr.  Ck'llibrand. 
[C  J,     Who  wA^  to  have  the  place  m  the 
?^Bh»r.   Captain  *Jole» 

I  koow  not  o  won!  uf  all  thiit. 
,  ftoAr^lny.    Cuptain  Btair,  be  not  itash^d, 
'fctlie  titsth«  and  yt)vi  need  fear  nothing. 
TImil,  I  ^Vt  was  before  Air.  Robin- 
I  Mr- G^^nibrand. 

1  donU  know  Gellibrand,  nor  none 

L  C  A   Was  that  Cole  ta  be  aor  thiiii^  in 

Bl^.   Y<«T  be  wai  to  hate  been  a  captain, 
■italria^ba  tmop. 
iit,Oi^    Hir  Jolin,  will  yoti  ask  him  any 


Sa^  I  miint  de|iend  ui>on  the  jnry, 
K  rvmcmher  hall'  what  he  has  said . 
tCt^  Do  vfiu  remember  any  discouHNe 
^9^9»fim  aa«l  him^  about  ^ome  brisk  uieu 
ivamaMf^ltow  him? 
^  C/  Ent  before  yoy  ask  him,  Mr.  8oli- 
•«  uuiM  knowr  whither  he  will  ask  him 
k  ^  •■nr  4|iiff^»oiif!,  fur  lie  is  nov/  his  nititess. 
1  fc  t»a  idk  bifii  any  more  f|uc*lioriN,  sir  John  ? 
I  can  aak  al»out  no  more  thun  whtU 


A.  D.  1696. 


[30 


L<LJ^    B«t  aak  him  what  you  will 
fmmL  Hy  kinl,  I  have  nul  heard  halt'whul 
W  Ut  Mid,  1  Im^  llie  jury  will  take  care  in  it, 
^  C  i.   Some  part  of  it  h  as  twice  repeated 


^K- 


Aa  III  lUal,  tnv  lord,  1  vvould  ask 
tAtm  or  two.    \Va«  that  my  letter  ? 

Y«,  it  wag. 

M  «e«  me  write  it  ? 
I  if  to  my  hands  by  a  porter, 
[•1^  •   I  waa  in  bed;  my  wife 

,    11  liAt  waa  llial  l«tter  for  ? 

to  lifda'  In  pay  tlie  last  UOl.  and  I 
a  raimii  nl*  a  lisHer  Ihat  you  writ  to 

vwl  y^  that  letter  to 


Blnir,    He  sihewed  it  me  himself, 

h.  C.  J,    ilow  jonff  affo  is  that  ? 

li^flrr.  A  yejif  und  a  halt  ajjo,  as  near  as  I 
can  remember, 

L,  C.  J,  Did  be  say  any  things  of  an  answer 
he  liad  to  it  ? 

Bimr.  Yes;  hot  I  cannot  remember  what  it 
was  directly, 

Jttrytnan.  ITe  %vas  pleased  to  say,  he  saw  a 
letter  from  king'  Jumet;* 

L.  C.  J.  Woj  no,  yir,  it  was  a  letter  to  kin^ 
James. 

Jitryjnun.  My  lord,  I  desire  ho  may  ba 
askeil,  if  he  kirnus  the  contents  of  thiit  letter  f 

L.  C.  J*  Did  you  see  htm  write  the  lettiTi 
or  did  he  shew  you  the  letter  he  hnd  writ  ? 

IMitir,  I  did  not  see  him  write  the  letter,  I 
seeliin  hand  to  the  letter,  and  he  shewed  me 
the  letter,  that  he  said  he  had  written  to  king 
Jamcfl  ;  and  tli^re  is  this  parti cu hi r  passage  to 
confirm  it,  it  was  at  Mr.  Piggoit*«  mother^ 
liouse;  I  dined  with  him  there  that  day,  and 
when  he  shiaied  me  the  letter,  f  told  him  I 
was  BO  well  fdeased  with  tlie  perming  it,  that  1 
believed  Mr.  Fcrgusou  had  a  hand  in  it;  and 
be  was  ^ary  angry,  that  1  should  think  he  was 
no  I  able  to  write,*  and  did  not  write  the  letter 
himself. 

Jnfynmn.  My  lord,  since  it  seems  he  perused 
the  letter,  I  d^ire  he  may  be  asked,  whether 
he  can  remember  the  contents  of  that  letter^  or 
ajny  of  it? 

Biair.  Really,  my  lord,  1  cannot  tell  that 
particularly:  but  I  am  a]>t  to  think  it  was 
about  the  husiuess  of  the  king,  and  about  the 
regiment. 

L*  C.  /,  Can  you  teU  truly  any  of  the  con- 
tents of  it.' 

Biair.  That  it  was  about  the  aiFairs  of  tha 
regiment,  I  am  piKHitiv^. 

IHr.  Cowper,  My  lonl,  before  he  goes  away 
(that  the  jury  may  nut  go  iiway  with  a  mis* 
take),  I  desire  it  may  he  observed^  he  does  not 
say*  h«  saw  sir  John  Freind  write  the  letter. 

*/..  C.  J.  No,  no,  but  that  he  shewed  it  bim 
himself 

Frcind,  When  was  that  letter  writ  that  I 
lihewed  lo  you  ^f 

Blatr.  It  \vn&  akiut  a  year  and  a  half  ago. 

Frdnd,  1  declare  in  tlie  presence  of  God,  L 
never  writ  one. 

Jtfrymftn,  He  says  you  shewed  him  the  let- 
ter»  therefore  it  is  very  fit  we  should  see  it. 

L.  C.  J.  Nay,  Sir,  you  must  not  talk  to  tha 
pri^ioner;  if  you  have  any  questions  to  ask» 
you  must  propose  them  to\he  court. 

Freind.  I  declare  in  the  presence  of  God,  I 
never  writ  any  such  letter  as  this  he  now 
charges  me  with. 

Biair,  And  I  do  declare  in  the  presence  of 
God,  you  shewed  me  such  a  letter. 

Frcind.  Yes,  you  may  ;  but  i  am  a  Pro- 
testant, you  ^re  a  Papibt ;  you  may  do  any 
thing*. 

Ait,  Gen*  \ci\  may  ask  any  questions  of 
bim,  sir  John,  but  you  mutt  not  raii  st  the 
witness. 


31] 


8  WILLIAM  in. 


Trial  ^  Sir  John  Freind, 


P 


Freind,  But  when  yoa  chargfe  me  with  the 
writing  of  a  letter  to  king  James,  1  ought  to 
speak  to  it.  It  seems,  J  am  out  to  ask  whether 
he  is  a  Papist. 

Att,  Gen.  He  says,  yon  shewed  him  a  let- 
ter, that  you  said  you  had  written  to  kiug 
James,  which  lie  read,  and  hked  the  penning 
of  it  80  well,  thut  he  thought  Ferguson  had  a 
hand  in  it ;  at  which  you  were  onended,  that 
be  should  think  you  could  not  write  such  a  let- 
ter vourself. 

freind,  I  declare  in  the  presence  of  God, 
I  never  writ  any  such  letter. 

Att.  Gen.  1  sup|M)se  you'll  disprove  him  by 
and  hye. 

Freind.  I  can  have  no  witnesses  to  this 
matter. 

Att.  Gen.  And  you  can't  expect  your  own 
denial  should  go  lor  proof.  If  you  will  ask 
him  no  more  questions,  let  him  go  down  and 
ease  himself. 

Freind.  He  must  not  be  asked  whether  he 
is  a  Papist ;  but  I  hope  you  will  take  notice, 
countrymen,  that  these  witnesses  are  Papists, 
and  they  think  they  merit  Heaven  by  swearing 
■gainst  Protestants,  whom  they  call  Heretics. 

L.  C.  J.  Indeed,  sir  John,  1  don't  bear  you : 
pray  speak  so  loud  that  the  court  may  hear 
what  you  say. 

Freind,  I  will,  my  lord ;  I  say  he|is  a  Ro- 
man Catholic,  and  I  have  witnesses  to  swear 
be  is  80 ;  and  desire  I  may  prove  that  he  is  a 
Roman  Catholic,  and  therefore  be  is  not  to  be 
beard  against  a  l^x>testant. 

AU.  Gen.  Then  the  next  witness  we  call  is 
Mr.  Bertbam.    [Who  was  sworn.] 

Freind.  But  I  have  not  done  with  Mr. 
Porter. 

L.  C.  J.  Well,  you  shall  have  him  by  and 
bve ;  let  the  king's  counsel  go  on  in  their  me- 
thod. 

Att.  Gen.  Pray,  Mr.  Bertbam,  do  you  know 
captain  Blair  that  was  here  just  now  ? 

Bertham.    Yes. 

Alt.  Gen.  How  long  have  you  known  him  ? 

Arthain.    About  eight  or  nine  years. 

Att.  Gen.  What  discourse  have  you  had 
with  him  about  any  regiment  that  was  to  be 
raised  for  the  late  king  James? 

Bertham.  Captain  Blair  had  (old  me  for  two 
years  last  pa^t,  that  sir  John  Freind  was  to  have 
a  regiment  of  horse,  thai  were  to  be  raised,  anti 
lie  posted  about  the  town ;  and  captain  Blair 
was  to  be  lieutenant-colonel  to  the  re(i^iment, 
and  I  was  to  be  lieutenant  to  captain  Blair  in 
bis  troop. 

Att.  Gen.  My  lord,  we  only  call  him  to  con- 
firm what  captain  Blair  has  said,  that  he  was 
to  be  his  lieutrnaiit,  and  that  this  was  talked  of 
two  years  before.  DitI  he  toll  you  sir  John 
Freind  was  to  have  a  re^jriment  of  horse? 

Bertham.  Yes,  SSir,  und  he  obliged  me  to 
bring  in  as  ninny  men  and  horses  as  1  could 
into  this  regimeiit,  and  he  tohl  me  capt.  Fisher, 
captain  Vertiatti,  and  captain  Cole  were  to  be 
ctptftins  in  the  revriipent 

It.  C.J*  And  what  were  you  to  be? 


Bertham.    A  lieutenant. 

L.  tj.  J.   To  whoiii?. 

Bertham.  To  captain  Blair ;  he  has  told  B 
so  several  times,  and  talked  to  me  about  lb 
alfairs  of  the  retfiment  a  great  deal,  that  I  cm 
nut  now  remember,  relating  to  that  purpoae. 

L.  C.  J.  This  is  no  evidence  against  sir  Johi 
Freind :  he  is  only  called  to  confirm  the  tMli 
mony  of  captain  ll^lair;  that  Blair  spoke  if  i 
long  before  he  gave  his  evidence,  and  iokl 
not  a  new  thing  now  invented  by  him. 

Sol.  Gen.  Sir  John  Freind  did  ask  what  m 
he  had  engaged,  and  among  others,  he  ntMi 
this  Mr.  Bertham  to  be  his  own  lieutenant,  m 
he  now  tells  you  Blair  promised  him  80  to  I 
two  years  ago,  and  tnen  told  him  air  J«h 
Freind  \vas  to  have  a  regiment 

Freind.  Do  yoa  know  me,  Sir  ? 

Bertham.  No,  l%r»  I  never  was  in  yii 
company  in  my  life;  f  only  .tell  you  wImI 
have  heard  fnim  caput  in  Blair ;  I  do  not  hm 
that  ever  I  saw  your  face. 

L.  C.  J.  His  evidence,  sir  John  Fraki 
hurts  you  not,  as  to  any  particular  thing  III 
he  knows  against  you ;  he  is  only  brought  1 
confirm  what  captain  Blair  said,  that  be  wial 
be  his  lieutenant  in  his  troop. 

Att.  Gen.  Then,  my  lord,  we  leave  it  hflm 

L.  C.  J.  Look  ye,  sir  John  Freind,  the  kMV 
counsel  have  done,  and  now  you  mmy  tp«i 
and  say  what  you  have  a  mmd  to  say  in  jm 
own  defence. 

Just.  Rokeby.  And  call  what  witnetMt  j« 
have  a  mind  to  call. 

Freind,  My  lord,  in  the  first  place,  1 4mm 
to  know  whether  Mr.  Courtney  is  come. 

L.  C.  J.  Your  solicitor  can  best  tell  thili. 

Freind.  I  perceive  he  is  not  come. 

X.  C.  J.  Well,  go  on :  I  suppose  be  will « 
be  long  before  he  comes,  we  wUl  stay  for  bin 

Freind.  My  lord,  1  must  wait  for  my  wi 
ness :  but  in  the  mean  time,  as  to  Mr.  Pomr 
evidence,  I  own  I  was  at  the  meeting  «t  tl 
King's-Head  in  Leadenhall-street ;  I  dedn 
1  was  at  that  place,  and  there  were  some  gm 
tlemen  there,  out  how  many  or  whom  I  cum 
say;  but  1  declare  there  was  not  one  w« 
spoken  there  of  any  raising  of  men,  nor  ll 
thing  of  that  nature,  that  he  speaks  of,  h 
only  we  were  drinking  a  glass  of  wine,  M 
eating  a  dish  of  meai  together,  and  sir  Jol 
Fen  wick  at  that  time  coming  in,  said  to  os, 
desire  you  to  come  to  our  end  of  the  town,  M 
take  a  dish  of  meat  with  us.  And  there  w" 
nothing  spoke  of  any  thing  relating  to  the  f 
vernment.  Gentlemen,  these  are  Papists,  tJ 
I  am  a  Protestant,  they  don't  care  what  tin 
say,  for  they  think  they  merit  Heaven  by  M 
fitroying  Protestants ;  and  they  are  not  to 
believed  :  and  that  is  the  reason  that  I  was  B 
to  ask  them  the  question,  liur  by  law  tbey  ■ 
not  witnesses,  and  for  that  1  appeal  to  jm 
lordship. 

L.  C.  J.  Hoit^  Why  are  ihey  not  witnesM 

Freind.    Nay,  1  appeal  to  your  lordship.  » 

L.  C.  J.  Bolt.  Truly  I  think  they  ara  III 
nesses,  i  know  nothing  to  the  oontrvy. 


frfmtt  Mt  lord,  Paf  i^l»  art-  not  :;ood  wit- 
pas  ic^tiutl  Frni.>i.nit<  foi'  tUi^  reason  tU'it 
1  Ml  idt  jmi ;  ly  tord,  tbat  a 

"*      ,  i%  i>  t   a  u)  jirove  a  Pro- 

^  5t>  ? 

Mj  Uiril,  J  ilt^ire  to  know  wbetUer 
cb  «  suiiiir  ? 

HW/.      V«-  no  doubt  *>f  it,  there  is 
t  &»  aiaiof  liic  25  ofEfL  3,  about 

Prmjr,  my  lord,  does  nul  tbat  make 

fed.  IZilf.    N(N  ioilccd,  I  know  no  fucb 

si  <j».   Thnt  cannot  be,  my  lord,  ihat  any 
mki^mif  ^oiiUI  Im?»  for  alt  were  Papists  tlien* 
m  no  »ucli  a  tbio^f  si  a  Protestatit  in 
pi^E*!.  S. 

My  l**ni,  tbere  k  tl»e  statute  of  the 

li-s  ibe  t«t.  cat?.  4tb,  autl  other  sta* 

in   llie   time  ni   kinor  riiarles  the 

ibHy  »n  th«'  3ui!i  yi'jir  nfiiis  reiyn, 

V    it  is  |»biu  they  ure  tiot  to  be 

ii««tnrtt«,  ♦t^cnico  they  bdieve 

;  anil  by  liiose 

tftttite-book,  I 

irijiiiir.j  I   iM,   tui*(  advUe  was 
r  bf  my  Sawyer ;  Jam  an  lawyer  my* 

...  .iti.i.. -J   ^  '  Mue«  J,  cap»  4, 


u  . 


tjuak  shall  be 


5Tv  t*«rt1.  the  person  is  not  rome. 
I-  Sjfaiubt  cai'tum  l^lair; 
l>e  h  a  prisuucr  at  the 
^<ai|j  was  pleaded  to 
.  c  nil  Uecatnc. 
,  \4^,  yes,  ^«^  ttill  ^tay  a  while* 
El  ^tr»y^  my  Ion!,  <lo,  foe  it  will  he 
^,         '  '  '  I'fur. 

1-  I Ittfe  yon  any  thing:  to  till 

i         '      neao  Ume?    |,Tbeu 

la  ytnti  au..^.iur  returned  ^illi  this 

1^   1  Wicf  ^"-  «-  •"  *^»»*  ^l"iT«r  tKf  r-ouft, 
IfM  s    to 

«  you  would  haF«? 

>  1  y  lo  bin)  ? 
.  .  uifu  Mi^  i|uev* 

Yf«,  yon  mtisi  propoiw'  yoiir  (|ur«- 

-"irt,  and   they  witl  aak  them  ot* 

Ir  lUts  be  the  |ier»on  you  apeak 

WIMM  '  -  '    'Mm. 

Mi,  '  I  deaire  you  would 

ijitiiio  Ulair, 

I  liHve  I  wen  a  pri- 

.u.  ;^„i,.M  >»-^   .iiiout  a  uioiiih,  and 

na  lW«  r#|itJiiu  Blair  at  the  same 

ia  M  a  iifriflDOSTt  as  tnentioned  in  tlie 

m;  kdjg  ray  cild  ac^uaiiitaoct,  (t 


was  in  bed,  b<?iug:  in  upon  soiue  other  accounts) 
and  IV hen  they  tuld  mti  Ciiptjiin  Blair  was 
brought  ill,  I  d^'sivetl  him  to  come  into  my 
eh u] fiber,  I  told  him  1  wixa  sorry  lo  see  liim 
tl>ere  ;  I  told  him  i  Imped  hc!  was  node  ol'thoi^e 
coneeru<.'d  in  this  phii ;  Ite  f^aid  ha  y^aa  In  the 
Proclamation,  but  that  he  was  itmocent,  and 
knew  uothiug  of  the  |ili3t,  nor  of  the  assaiisi- 
natioU)  nur  any  thing  like  it;  there  were  se- 
veral other  persons  m  thut  place  at  the  same 
time«  and  he  said  he  was  as  innocent  as  the 
chilli  uoboro, 

Freind,  Did  he  menlloQ  any  thing  of  me 
then  ? 

Courineif*  i^t  that  time  he  said  nothing  of 
yon. 

Frdnd,  Pray,  Sir,  do  you  believe  he  is  a 
Roman  Catholic  f 

C\>urinc\/.  \  do  not  know  his  religion  indeed. 

Frcind.  But  doo^t  you  know  him  to  be  a 
Uoitian  Catholic  ? 

Courlmy.  lie  bore  the  character  of  otte, 
but  I  nevcj  saw  him  at  any  church, 

Ju:it.  Rokcby,  Pray,  Sir",  how  bag  liave  you 
known  captain  Blair  ? 

Cifurinty.  By  sij^hl,  I  bare  known  him  six 
or  sevtfn  years. 

Just,  lioki'bjf'  Ptayt  upon  what  accoout  did 
youctill  hint  euplaiu  ? 

Cou}  tnrt/,  l\  vvaH  a  common  name  among  all 
the  cc?mj>aiiv  :  he  was  called  so. 

Ji*  C  J*    Wha(,  all  the  liuic  you  knew  himf 

CouTtrm/,  \Vh,  all  lifetime  that  I  knew  hini» 
1  knt  1%  uo  uthcj  name  that  he  had. 

l^'reind.  But  did  yon  not  liear  that  he  waa 
rejtuied  to  be  a  Roman  CaUnkheF 

Courtney,  i  have  heani  that  character  of 
htm  amunf^  tho^e  that  1  have  known,  but  X 
ha?e  very  little  knowledge  of  his  reltirioti. 

L,  C.  /.    Is  ibi'*  what  you  can  say  ? 

CouHnct/,  There  are  several  uthers  that 
were  witnetisefl  of  thisi  as  wlH  as  1 ;  1  neiiir 
saw  you^  sir  John  Freind,  br-fore  in  my  Idc,  lo 
tny  knowle«Jg:e,  nor  ever  spoke  to  you. 

Freind,    Sir,  a  note  vv.  ■     ue,  thatyou 

could  4o  mesomeservi'  .4   ^va*  tlie 

reason  1  st;nt  for  y oil  1  u.^  i:  ,Wt.  I'jnj>euter, 
Mr.  King,  and  .^fr.  Payne  may  he  called. 

X»  C,  J.  iJavc  you  done  with  this  man  then? 

Freind,  I)u  yuu  kuuw  captain  Porter,  Bir  f 

Cuui-hir,f,    Yes,  1  do.  Sir, 

i  ,  do  you  know  him  to  be  a  Ro- 

man    I 

Lour i net/.  Sir,  I  ha? a  heard  that  be  hai 
wiii'b  a  chanictcr. 

LC.J,    \\''  h^nhe? 

Courtnftf,  J iisao  Catholic. 

Lt.  C*J,    Thalii  ouly  L^  Inar-say. 

Frdn^d^  My  lord^  I  hate  done  with  this  toaii* 

L.CJ.    Myon  fi         '  J  hmi,  iben 

the  Icei'per  nia)'  at-  in, 

Courinei/,  8ir,  1  i»;i»f  sui.k  uni-;  else  In  say. 

Fraud,  My  lord,  he  sa^s  he  has  something 
else  to  sav* 

L.  C.  J,  Then  set  him  up  a^atn :  (trhich 
was  done.)  Well,  HiT^  what  is  it  you  hare 
mofe  to  say  f 


353 


8  WBLUAM  IlL 


Courtney.  Two  or  three  days  after  that 
time,  there  was  a  prisoner  then  io  the  Gate- 
house, who  was  ao  ensign  in  the  army,  was 
rcadintrthe  Flying- Post  in  my  chamber,  and 
in  that  Fly in<;- Post,  there  wa&  news  that  dpi, 
Blair  was  making  a  ^eat  discoFery,  and  that 
he  had  accused  sir  Jolm  Freind,  for  havinpf 
I'eoeived  a  commission  for  a  regiment  in  which 
he  waM  to  be  a  lieutenant-eotonel,  and  said  a 
great  deal  abont  that  regiment,  how  he. had  re- 
ceired  subsistence  money  for  them  from  sir 
John  Freind.  A  little  aftei;  captain  Blair  came 
into  the  room,  and  asked  me  if  I  had  got  the 
news  ?  I  told  him  yes ;  and  cajitain  Blair  then 
asked  what  was  the  import  of  it  ?  I  told  him  it 
was  there,  that  he  was  making  a  great  dis- 
coTery,  and  particularly,  that  ne  was  to  he 
lieutenant-coloneito  sir  John  Freind,  and  had 
received  subsistence  money  from  sir  J.  Freind 
for  the  men  of  the  regiment.  Captain  Blair 
answered,  that  they  might  put  what  they 
would  in  the  news,  but  he  knew  nothing  of  it, 
nor  flid  he  receive  any  money :  amd  this  was 
a  great  surprize  upon  me,  and  upon  those 
others  that  heard  him,  when  we  were  told  he 
was  to  be  the  main  evidence  against  sur  John 
Freind. 

Freind,  Well,  Sir,  do  you  know  any  thing 
else? 

Courtney.  Captain  Blair  was  bemoaning 
himself  afterwards,  that  he  went  against  hn 
oonsrience  in  this  thing ;  and  his  wire  told  me, 
that  he  was  very  much  concerned,  becanse  he 
was  fl^oiiig  to  do  this  against  his  consrience, 
and  she  was  sure  it  would  break  his  heart 

Freind.    Du  you  know  any  thing  more  ? 

Courtney.  And  he  told  me  in  bis  chamber 
vpoD  Friday  night  last,  about  Dioe  o'clock  I 
came  to  see  hira,  he  lay  upon  his  bed  Tory  ill, 
mod  his  wife  was  with  Aim  ;  1  asked  him  how 
he  did  ?  and  he  chipped  his  hands,  and  sakl  be 
was  very  ill.  Pray,  said  I,  what  ails  you? 
i^ure  you  have  gotten  some  very  ffreat  cold. 
Oh !  no,  says  he,  life  is  sweet,  I  don't  know 
what  it  n  I  ail,  but  were  it  not  for  liiei  I  should 
never  do  what  1  do. 

JL  C.  J.  Did  he  tell  yon,  he  went  against 
'his  conscience  ? 

Courtney,  His  wife  and  he  spoke  at  first, 
that  he  went  against  his  conscience,  and  he 
believed  his  conscience  was  in  a  miserable 
•itate ;  and  this  1  spoke  innocently  among  some 
of  the  prisoners,  and  I  did  not  know  that  it  was 
taken  notice  of,  but  it  seems  somdMxiy  baa  ac- 
ijuaintcd  sir  John  Freind,  and  so  I  am  brought 
here ;  I  know  nothing  of  being  a  witness,  I 
assure  you. 

Just.  Rokeby.  Pray,  who  were  present  when 
this  discourse  was  between  you  and  Blair? 
You  say  there  were  two  other  persons  present 
when  thill  discourse  was  between  you  and  cap- 
tain Blair,  and  his  wife :  who  were  thoaa  two 
persons? 

Courtney,  What  discourse  do  yoa  apeak  of, 
my  lord? 

X.  C.  J.    You  said  then  wm  two 
te  your  chamber. 


Triai  of  Sir  John  Freind, 

Courtney.  Does  your  lordship  meai 
reading  of  the  Flying- Post? 

L.C.J.  Yes. 

Courtney.  My  lord,  this  genttemao 
was  speaking  of,  was  lying  down  u 
bed,  and  captain  Blair  came  into  m^ 
just  after  the  news  was  read,  and  ask€ 
I  had  got  the  news  ?  I  told  him,  yes ;  I 
me  what  was  the  import  of  it?  I  t( 
they  said  he  was  making  a  great  dii 
and  particularly  against  sir  John  Frein 

L.  C.  J.   Well,  and  who  were  there 

Courtney.  This  ensign  that  is  noi 
soner  in  the  Gratehonse,  who,  I  supp 
say  the  same  thing. 

Alt.  Gen,  Pray,  my  lord,  let  Mr.  ] 
called  while  he  is  here,  and  let  him  kn< 
this  witness  says,  that  the  Court  and  Ji 
know  what  he  has  to  say  to  it. 

L.C.J.  Yes,  pray  let  Mr.  Blair  he 
in  again.   (Which  was  done.) 

L.  C.  J.  Trcby.   Now,  let  M^  Cour 

Siat  what  he  said  now  before  about 
kiir's  declarations  to  him. 

Courtney.  My  lord,  1  tell  your  1 
there  was  one  Tooley  a  prisoner  in  tl 
house,  when  he  heard  the  Flyinsr-Po 
bought  it,  or  it  was  ordered  to  be  boug 
it  being  brought  into  my  chamber,  1 
him  to  read  it,  and  I  was  walking  al 
room :  in  the  mean  time  captain  Blair  • 
and  asked  if  we  had  ffot  the  news  ?  ^ 
yes  ;  imd  he  asked  what  news  there  w 
I  replied,  it  is  said  that  you  are  making 
discovery,  that  you  were  to  be  lieutel 
lonel  to  sir  John  Freind,  and  had  re 
great  deal  of  subsistence  money  for  tl 
ment:  says  he,  they  may  put  what  t 
in  their  news,  but  J  know  of  no  reginr 
of  any  subsistence,  nor  of  any  com 
The  man  that  read  the  book  will  say  tl 
that  1  do. 

Att,  Gen,   When  was  this  ? 

Courtney.  This  was  one  day  w 
Flying-Post  came  out,  the  last  Satu 
one  I  think. 

L.  C,  J,  But  you  talked  of  soinet 
should  say  to  you  of  going  against  I 
science. 

Courtney,  That  was  upon  Friday  ni 
I  came  to  see  captain  Blair,  and  his  ' 
with  him,  and  captain  Blair  was  very 
dapping  bis  hands,  and  groaning,  aiid 
himseli^  M>d  in  a  very  miserable  a 
truly«  I  thought  he  was  giving  up  th 
I  asked  him  upon  what  account  he  wa: 
and  toM  him  Ithought  he  had  got  son 
cold:  he  told  me.  No.  Well,  said  I, 
BUir,  I  understand  you  are  Cfoing  to 
to  Hicks's-Hall,  and  I  pray  God  din 
Says  he  several  times,  1  pray  God  i 
all,  life  is  sweet  Oh  1  says  his  wife,  i 
he  would  never  do  it,  but  to  save  his  I 
it  foesagamst  his  conscience :  so  said  ] 
yon  have  had  the  character  of  an  hon 
tlcfflan ;  I  hope  yon  will  shew  yoursi 
wui  I  jgnj  Qi^  w^  jon  s  I  wish  n 


./or  High  Trtasm* 

yoar  door,  Savs  he,  I  am  an 
I  Hkfta  I  titat  b  the  tning  ibut  ti-ou- 
^tWDtfthtng"  tu  ibat  purpose ;  whteb 
like  riiiftorie  of  cunBCieDce  ivhicb 
li»e  fror14.  ]  Apiike  of  tliia  mtio- 
h^  tlie  pmonerH,  aori  it  seems,  it 
Niicatea  to  air  John  FretnO,  and  so 

fl  Iftcrv  to  tp!$tify  it. 
Prav,  ¥rLal  sny  you  to  l1»is,  cap- 
'Voa  bear  whav  he  sav^;  do  you 
Lnni  wtuU  ^ou  Icdaw  of  it. 

You  bear  what  dis<M>ur^  he  sa)  s 
nov  ;  w  bat  say  you  to  ir  ? 
^Hlcml,   this  ^eutlemnn  crowded 
l^b   tne ;  my   wife  m  as  wiiU  mc, 
imis  be  bad  acuri  of  brandy^  whlih 

B for  OK*  ti"  I  had  a  cold.  God 
t,  I  tle^ircd  Docomiiauv  mlglit 
lays  be,  C4i|Uain  BlLur/  I  have 
\  been  ao  boue^t  ^eatlemau  all 
I  yoci  are  going  to  UicKs's-  Hull  (o- 
«l  •  great  deal  of  such  discourse 
I  nray  Ood  Almiapbty  direct  you ! 
t  knrow  paraed.  1  was  very  ill, 
1  Ml  far  from  bdofif  wejl  nof¥; 
tbiog^  of  remoriie  of  conscience, 
.  leerey  atuJ  sahatiou,  1  uerer  ex- 
saeb  tmngtohtm. 
Did  your  wife  say,  th»l  you  were 
%at  you  wear  goia^'to  do  that  which 
Ml  floftacteocef  and  you  would  Dot  do 
pm  y«Ktr  life  T 
N»,  I  aiD  sure  »he  did  not. 
L  THii  ibat  gentleman  thrust  him- 
IMV  oofnpaiiy,  or  did  you  desire  hitn 
|a  CD  you  f 

No,  be  tlirast  himself  into  the  room. 
Tbe  &i(Uc  was  hard  by»  and  I 
Mr  groan,  and  ^o  I  went  in  to 
body  hid  access  to  him. 
where  i*  tb«  keeper  ? 
I  am,  8ir. 
I  beg  of  you  for  God's  sake, 

to  roe  hut  my  wife  ? 
i«  keeper  of  the  Gatehouse 
ly  fweor  him. 

OaldioiiK  was  sworn.) 

lat  do  you  cay  as  to  captain 
I  hat  tiobudy  should  come  to 

was  to  Ci>me  to  bim  uDle$«i 


\e»  ujMin  lino. 

ol*tkat  man*s  com- 

^  nothing  of  it. 

ilvraya  desirrd  to  huve  the  door 

'I"   <nside,  that  tiol^ody 

I)  \  had  a  miuil  to. 

n^-e  he  was  ill,  and 

that  I  know  of. 

with  me  came  to  me 

man  was  with  '  me^ 

hack  ;  ami  she  said, 

dear  Blair,  do  not 

thbf 


A.  D.  1696.  [38 

B&wr.  When  this  gentleman  was  with  me, 
she  desired  me  uot  to  say  any  thing  before  him  ; 
because,  said  she,  1  do  not' know  but  be  may 
be  a  trepan. 

Court  net/.  Upon  the  word  of  an  houest  man,  ^ 
and  my  reputation  is  nn  dear  to  me,  a>i  yonni  i»  i 
to  you,  she  &aid  nuthin^jf  ni  that*     She  itdd  me, 
you  were  going  to  do  thi*t  which  was  at^ain!»t . 
your  cohsf  ience,  aud  you  would  not  do  it  hut 
io  save  yuur  litk 

A(t.  Gen.  Pray  what  is  lhi<i  inau  couMuitted  ' 
for,  you  kee|)er?^A'er/;^n     He  ii  committed 
for  suspicion  of  treason. 

Caurtnej/.  1  have  boen  taken  no  five  linn*a 
upon  suspicion,  and  this  last  time  1  »us  com- 
mitted to  the  Gatehouse. 

Att,  Gen,    Where  do  you  hve,  Sir  ? 

Courincy,   Tn  Old  8outhampt<m  Buildings. 

SoL  Gen.    How  iong  have  you  lived  there  ? 

Courtney,  I  have  lodged  there  about  four  i 
3ear;!i  aud  an  half;  there  are  fieveral  pei^soai . 
cat!  come  and  give  a  testimony  of  me, 

Sol.  Gen.  How  came  you,  Sir,  to  be  broughl^  j 
as  a  witue^  here  ? 

Courtney.  1  was  surprized  at  it:  for  my^^ 
part  what  I  did  was  by  way  of  pity,  seeing  hinn 
in  such  a  condition ;  I  iiilicfl  your  soul,  be- 
cause you  and  your  wife  Volh  shewed  so  much 
trouble  and  remorse  of  conscience ;  a*  for  sir 
John  Frei nd,  I  never  saw  him  till  to-day  in  all 
my  life,  that  I  know  of. 

Alt*  Gen,   What  countr^^mati  are  you,  Sirf  "j 

Courtney >    I  am  an  Irishman  born. 

Alt.  Ocfi,  Have  you  any  estate  in  Ireland  ? 

Courtney.   No,  Su",  1  have  not* 

SoL  Gen.  Prav,  how  came  you  to  go  to  Mr.^  j 
Blair?  '  "  I 

Courtney,    I  have  known  him  t  long  time;'] 
f  have  been  of\en  in  hi«  coiujiany  at  tbe  coffee- 
houHe;  J  cannot  say  I  am  jiittmiitely  acquainted  - 
with  captain  Blair,  hut  only  us  I  h«ivr«eeu  him  , 
in  the  coIfee*hou*e  a  great  many  tiinesi. 

Sol.  Gai.  But  I  u&k  yau  huw  you  came  to  J 
go  to  him  ;  hecuuseit  ^pems  he  desired  nobody  I 
should  come  to  hiui  hut  bis  wife? 

Court nty.  He  may  say  wliat  he  pleases  ;  for  ] 
he  lay  tirst  in  one  room,  and  then  in  atiothef|  i 
aud  he  could  never  go  to  the  necessary  house, 
but  he  must  go  through  my  room  ;  but  if  yon  ^ 
(dease  to  send  for  Mr.  T^ndey  aitd  capt.  Court-  ] 
ney,  they  will  say  aud  swear  that  these  thlngi  j 
passed  iti  their  presence,  or  to  the  lame  piir* 
iM>se,  except  what  passed  between  bim  and  ma  | 
m  his  own  chamber.  Ensign  Too  ley  did  read  j 
the  pa)>er  of  the  Flying-  Post ;  and  as  for  j 
what  lie  said  of  his  knowing  DOthiiig  of  thf  1 
plot,  it  was  talked  of  up  aud  down  the  prison,! 
mid  m  it  came  to  me  ;  and  1  invited  liini  iuto] 
my  chamber  as  my  old  acquaintance  ;  thougb  j 
1  was  not  very  famdiar  with  hiui;  aud  as  Ti«  | 
declared,  he  knew  no  thing  of  the  matter. 

L.  C  J.  You  hear  what  he  says  ;  i^ptaiii  i 
Blair,  did  you  tell  hitn  you  knew  aothbg  of  j 
the  plot  ? 

Btair.  Yes,  I  believe  I  might  at  first ;  ai  I 
we  were  talking  w  hen  1  Brst  eame  in,  and  t  ^ 
told  him  the  truth :  lor  1  wa«  iniioceul  as  to 


39]  8  WILLIAM  m. 

lie  assassInalioD,  for  indeed  I  wasi  so ;  and  as 
othe  invasion  there  was  only  some  freneral 
discourse,  and  I  was  not  willing  to  explain  my- 
self among*  such  people  as  they  were,  when 
they  asked  me  any  questions  about  it :  I  had 
to  do  with  the  kiner  and  council.  '^ 

i.  C.  J.  Sir  John  "Freiud,  have  you  any 
more  witnesses  to  examine  ? 

Freiud.  Yes,  my  lord,  I  desire  Mr.  King 
may  be  called,  f  Which  was  done,  and  he  ap- 
peared ] 

X.  C.  J.  There  he  is.  Sir,  what  would  you 
ask  him  ? 

Freind.  I  desire  to  know  of  him,  whetlier 
he  does  not  know  captain  Blair  and  captain 
Porter  to  be  Human  Catholics,  and  whether  he 
does  not  know  me  to  be  a  Protestant. 

King.  I  am  of  ojiinion  Mr.  I*orter  is  a  Pa- 
pist ;  he  was  til  ways  taken  to  be  so  at  Epsom, 
where  I  used  to  go,  and  where  he  used  to  go, 
and  he  was  never  looked  upon  as  a  Protestant. 

L.  C.  J.  And  what  do  you  take  sir  John 
Freind  to  be  P 

King,    I  take  sir  John  Freind  to  be  a  Pro- 
testant ;  so  he  is,  and  so  he  ever  was. 
•   Freind.     But  when  you  have  bf^n  in  my 
company,  and  they  have  l>cen  speaking  of  the 
government,  what  have  I  said  or  done  ? 

King.  Whenever  they  started  any  reflect- 
ing words  upon  the  government,  he  was  used 
to  say.  Forbear,  I  do  not  admit  of  any  duci: 
discourse. 

jUl.  Gen.   How  long  have  j'ou  known  him  ? 

King,  He  has  been  mv  actpiaintaiice  this 
fifteen  years,  and  marriecf  a  relation  of  my 
wifes  husband.  (At  which  there  v/as  very 
great  laughing.) 

King.    I  mean  her  former  husband. 

X.  C.  J.  He  has  reconciled  the  matter  very 
well  tor  tliiii  point ;  for  he  tells  yon  he  meant 
her  first  Iiusliaiid. 

Frt'ind.  Ay,  my  loni,  no  doubt  of  it,  he  will 
recover  it;  it  was  her  former  liuisbaud.  Mr. 
Kinjr,  <lou't  you  mean  it  was  her  Ibrmtr  hus- 
band ? 

King.  Vcs,  Sir,  I  have  told  you  it  was  so; 
her  former  'uusbnud's  name  was  Tiiomas  I'ase. 

X.  C.  J.  Mr.  Tanner  you  are  to  lm>k  upon 
two  statutes,  the  one  is  ii  Juc.  1,  cap.  4,  and 
tlie  30lh  Car.  2,  cap.  fi. 

King.  My  loni,  1  ha.olicnid  him  say,  if  I 
bad  uot  taken  the  oaths  to  l^ing  Jame>.*  which 
oaths  are  iMiwiini;  to  my  coii^cieurc,  I  could 
as  freely  tako  the  oaths  to  the  present  govern- 
peikt,  as  any  iii:in  in  Kiii;i;iiul ;  but  I  will  live 
peaceably  a'td  (|i>i(.'tly  iiudc-r  the  govcriiment: 
out  because  Id*  not  take  the  oaths,  I  am  dou- 
ble taxe<l,  and  I  will  pay  it. 

Freind.  My  lord,  I  desire  captain  Kaines 
may  l;e  caJled.*  [Who  appcareil.] 
L.  C.  J.  What  do  J'ou  a-sk  him.  Sir  ? 
Freind.  Captain  Raines,  I  desire  to  know 
ofyou,  uheiher  Mr.  iVrter  and  Mr.  Blair  are 
Roman  Catl.oik*s ;  and  1  desire  you  to  speak 
•a  to  myself,  \ihat  I  am. 

Kaines,  They  are  so  reputed  to  be  at  Cp- 
fom ;  it  was  also  so  reported  there ;  and  1  have 


Trial  of  Sir  John  Freind^ 

been  acquainted  with  sir  John  Freui< 
years,  being  concerned  toeeth^r  in  the 
Bands  of  the  Tower- Hamlets,  and  1 1 
in  his  company  several  times  since 
came  in,  and  never  heard  him  give  an^ 
ing  language  against  the  governmei 
life. 

X.  C.  J.   Have  you  done  with  him. 

Freind.  My  lord,  I  did  not  hear  I 
I  suppose  he  has  declared,  as  to  capta 
and  captain  Blair,  that  they  are  Cathc 

X.  C.  J.  He  savs.  Porter  and  Blai 
puted  Papists ;  and  he  has  known  y < 
time,  and  l)een  concerned  with  yo 
Trained-bands,  and  never  heartl  yo 
upon  the  government  since  the  king  c 

Freind.  My  lord,  I  desire  to  know 
he  believes  me  to  be  a  Protestant  ? 

Kaines.  J  did  always  take  sir  J  oh 
to  be  a  Protestant. 

Freind.  Then,  next,  I  desire  Mr.  C 
may  be  called.     [Who  appeared.] 

X.  C.  J.    What  do  you  ask  him,  Si 

Freind.  I  desire,  Mr.  Carpenter, 
will  acquaint  the  court,  whether  y 
captain  Porter  to  be  a  Roman  Catb 
what  you  know  of  me.? 

Carpeiiter.  I  have  been  at  Epso 
suuiiuers,  and  usually  am  there  in 
time,  and  he  was  so  reputed  there : 
sir  John  Freind,  I  have  known  him  al 
20  years ;  I  keep  a  brew-house,  as  he 
lie  have  been  concerned  together,  ; 
had  several  occasions,  upon  the  a( 
trade,  to  meet  him  u{>on  particulars  of 
ment,  when  any  partners  came  in,  an 
knew  him  but  very  orderly  and  civil 
heard  him  reflect  any  thing  upon  th< 
menf,  but  was  always  peaceable  and  < 
was  always  looked  upon  as  a  IVotes 
went  to  church.    That's  all  that  1  cai 

Freind.  My  lord,  as  to  the  Slati 
will  your  lordsnip  please  that  the  Stat 
be  sent  for  ? 

X.  C.J.  Yes,  yes,  we  do  not  forget 
you  any  more  witnesses:^  Call  all  i 
neiis^\s,'and  we  will  consider  of  that  at 

Freind.^  I  desiie  Air.  Hawkins 
called.     [Who  ai)i)eared.] 

X.  C.  J.   What  sav  you  to  this  gc 

Freind.  I  desire  you,  Mr.  Hawkir 
an  account  what  I  am  ;  whether  you 
to  be  a  Iloman  Catholic  or  a  Protc^ta 

JL'ukins.  I  have  known  sir  Job 
these  twenty  odd  years,  and  have  ha< 
v>ith  him  many  times  before  the  chau 
verniuent,  and  since,  I  ue\er  heard  hi 
upon  the  government ;  nor  never  hea 
siieak  slightly  of  it :  and  as  to  his  bei 
Ptotestant  religion,  1  do  know  as  mu 
man,  as  much  as  another;  1  alway 
him  to  be  a  Pr<»testant  of  the  ('hurcl 
land,  as  good  as  any  man  alive;  I 
went  to  church. 

X.  C.  J.    What,  since  the  Revoiuti 

Hawkins.  I  have  nut  been  soconvei 
hiia  since  that,  because  1  went  out  oft 
8 


Jhf  High  Treason^ 

;  5ut  [  liislinrt^  there  are  those 
tmu  give  an  arx'uunt  of  thtit 

ImaturMf^uld  muy  be  oilled. 
^fli  I  ftupp4Jt>e  yau  hiivedi>pe  with 

r  Miiiild  stood  up.] 

vmi,  Sir? 

Ill,  i  Ua%v  known  <^lr  .lolin 

V,  Mlwnc  ibf"^^  iweivtv  years, 

him   as  a  smcere 

I  Imh'ii  ill  hrs  coni- 

u'lj,  ami  I  i»evef  lieurd 

1}  of  the  y;'overnmefit. 

^  ^ooj  Q,  IVutc^^tJiiit  Q$  any 


^  as  »ti)  in  England  ?  Thafs 


t  .1   il«ire  Dr.  Holhnofsworth 

kiUni*     iBut  be  dill  not  uppear.] 

Il  Thru,  my  lord,  1  de&irc  5Ir.ljUnton 

MM. 

If   Tb'^re  iM  Mr.  LuptODi  wbat  would 

re  he  win  jriFc  an  account 

liU'f  what  rrli&fifm  I  am  of  I' 

>rd»  lui  to  sir  John  Fri-iud,  1 

I lii ;  he \va!f  |dea.sed 

Ik  his  hou<e  a  con- 

,  i».Hu  rj»  iiK*j  aod  afWr  ihe  Revo- 

^sfU'r  ihi'   Uvfolotioii   ive  ulMayis 

pi^,..      ....;..  irt  tjjg  tJimrch  of 

-  pn»y  for  the  pre- 
'    '^^  »ry,  at  v*hich 

yon  le<t  bini  ? 

or  tive  ytara,  aa  I  re- 

1 1 'is  family  lessen eil ;  he 

May  to  ine,  Mr,  Lupton,   I   am 

bndjfej  and   n»y   fiHiiil}  lessens, 

'te  or  <&ix  yrnrs  a^^»),  and  1  shsitl 

on  for  ynii    at   present ;  hnt   if 

or  a  ehapfain  fi^ain,  1  'twill 

i:  ifitif  he  WHS  pleased  to  sixy* 

lm\^  is  it,  do  you  say,  that 

(ire  yrar«;  and  a*  to  any 
j^  a  Papisi,    I  have  ofren 
'otifi  •*  -  4...I  -^IjouI  the  Po- 
bit  h'^  '^ken  vviih  de- 

fici|iU      .  -       !\ipiii<s. 
ia?c  you  lu'nrtl  me  ^peak  of 
ibuut  any  thiii^f  of  an  invti- 
i  wouUI  ituitnrt!  fny  iHe  for  the  Fro- 
fl'lpiiii,  or  any  lliing  of  that  if"* 


(•ifcbCollfTtJw!,  Mr.  Ernkjne's  Ob- 


l4M    111 


its  ou  the  proposi^nl 
t.  It  hen  i'atkd  for 
Cane,  A,  D.  I71>1. 
-e.  lol.  9>  pp.  {j'2i, 

Ti  Ciflp,  fcil.    to,    pp.  2<J6,   rt  Kef|.; 
I  Cam:,    r  '     ■  •  '       •  '  -nVs 

,  IS,  |i;  ;  in 


A.  D,  1690.    •  [iS 

Lupion,    1  hare  often  beard  you  say,  as  tqj 

the  present  government,  that  thoujf h  you  eoQlcfj 
not  comply  ^^ilh  it,  yel  yon  won  Id  live  peace- 1 
aUly  under  it.  When  we  liave  been  talking  oM 
these  thin^,  you  said  you  never  would  be  iiuj 
a  plot ;  and  iliouorh  you  could  not  comply  with  J 
the  present  ^Ternraent,  yet  you  wouhl  nevei^  j 
concern  yourself  in  any  d^siarn  a^raiu^t  it.  FofCl 
my  part,  my  lord,  I  know  nothing  by  him/l 
hill  ibat  he  is  an  honest  and  a  worthy  gentle- 4 
iiian^  though  he  be  so  unlbrtuuate  to  be  under 
tViis  aeeusatton 

Ft£tf*d.  I  desire  Mr.  lioadley  may  be  calltd. 
[Who  apfHiared.]  1 

L,  C.  J.    WeLh  what  say  you,  Sir  P  *■ 

Freind,     Pray,  Mr.  Hoadley,  niti  yoii  g-iv^j 
an  account  to  the  court  uhat  you  know  of  mjl 
beiog  a  Protestant,  and  of  my  hie  and  oooverij 
«a.iion  ?  Jl 

llmdlty,  ]  believe  sir  John  Fieind  is  a  vt  r  jl 
settled  Protestant  in  the  Church  of  Erti^dand  jl 
and  1  have  reason  to  believe  so,  bec«iuse  I  hav^j 
frequently  discoursed  with  him,  U^^ause  1  havea 
had  a  couple  of  children  that  were  his  nejihewstJ 
npon  whose  account  1  have  been  forced  severafl 
times  to  VI  ait  upon  him  ;  and  he  has  often  saijj 
he  never  would  he  in  any  plot,  and  his  word^l 
that  he  used  to  ine  wi-re  reiOly  very  remarks*  1 
ahlCf  *■  Catch  tnc  in  the  corn,  aint  put  me  iiij 
*  the  pound,*  J 

L.  C  X    What  were  his  words,  Sirf 

HiHuU(}f.  He  used  to  say  he  would  neter  bil 
in  any  plot ;  for,  s»ys  he,  ^  Cati  h  me  in  thtt'l 
'  corn^  and  put  me  in  the  jionnd:'  and  I  havej 
heard  him  exprfss  himself  with  a  great  deal  t 
dea-vtuiinn  of  king-kilhnjf.  and  those  principle^,] 
of  the  Papists,  the  assassniating;  of  any  crown*'] 
ed  head. 

Alt.  Gen.  Pray,  8tr»  how  came  you  to  dis«J 
Cfinrse  with  sir  Jrihn  Preintl  ttknit  kiiig--kiNin^J 
ami  plots?  You  are  a  school ruiister  itseLmsj] 
how  happened  ttiis  sort  of  discourse  betweeiij 
you  ? 

HoadU^/,  There  will  be  discourses  aboi]t.'| 
tliese  things  sometimes, 

AtL  Gvn.  But,  pray,  how  was  the  discourwl 
introduced  f  What  was  the  occasion  of  the  dis-  f 
course?  iSure  there  wa^i  some  occasion  exLra^] 
ordinary  for  him  to  express  himself  to  you. 

tloutlUt/,  1  cannot  remember  the  particular  j 
ocra^ion,  but  such  iliscourse  ihei^  was. 

AU.  Gi'n.  Pray^  how  long*  ago  is  this  (ioii 
that  tins  discourse  was? 

-  ilttadity.     1  lielieve  it  was  five  or  six  timeff 
within  these  Iwo  years. 

Ait.  Gen.  What,  have  you  had  the  sanfipl 
discourse  five  or  six  times  one  after  another?     * 

lltuuitfy,  I  cannot  say  that ;  but  those  used 
to  be  his  words. 

Aii.  Gen,    What,  in  common  discourse? 

Hixfdiry,  He  said  he  would  never  be  in  any 
plot. 

Freind,  My  lord,  I  can  bring  a  rreat  many 
more  witnesses  of  this  kind,  and  1  believe  I 
could  have  a  thousand  to  prove  tni?  u  Protectant. 

L.  C,  ^  Chll  whom  you  will^  sir  John,  we 
will  hear  them. 


«3]  RWTLLIAM  ITT, 

Frtmd*   My  lordf  1  am  Tfry  ktfa  to  trouLle 

JiiiL  i£o4r^.  No,  it  will  mot  be  reckoned 
r  InniUe,  we  will  bear  all  your  rTidence. 
Fma^  Tbere  b  one  Mr.  Willis  aod  one 
.  UcQungi ;  boi  I  dttire  it  maj  not  be  for  • 
L  M  to  the  mctfl  of  partknimt,  for  they  are 
veiy  nialcrt&l  for  nie,  ai&  ]  sbmJt  shew  by  and 
Itye.  X^''*  ^^'^1**  apiMsanxt.] 

X^  (;.  J.    H  eU,  wLa  »«y  yoa  to  tbis  gen- 

iWind.  Mr.  Wiills,  I  desire  yon'd  ffi»e  an 
accottot  to  ibeir  lordsbips,  what  you  think  of 
ne^  aa  lo  my  betoj^  a  Protesiaiit,  and  how  I 
luive  bebared  myaeff  io  frery  reapect  all  aloog? 

WIUU,  My  ford,  I  bare  always  taken  it  for 
paiilad;  thai  tho^  tl>&i  come  to  church  are 
Proletiaiili  |  and  I  did  always  take  sir  John 
Frond  ta  be  a  Pirotealaiit.  Hie  acqaaintanoe 
I  bad  witK  bim  waa  sioce  he  H^ed  ia  tbe 
puU  of  Haduey,  aiid  we  have  bad  some  con- 
vena  together;  and  tiiere  have  past  friendly 
▼mli  between  iia ;  and  I  do  uot  remember  any 
diiGoarse  ivbile  1  was  there  that  tended  to  the 
goveromeot  ooe  way  or  *.n other.  1  was  uever 
veryofieo  with  him,  bul  bis  discourse  was  al- 
ways ▼cry  obh^Mog,  discreet^  aad  prudeot, 
wheoerer  1  was  iliere. 

L,  C,  J,  Pray,  Sir,  when  did  you  see  him 
t  eharch  ? 

WillU.  Truly,  my  lord,  I  camiot  call  to  mnd 
rbeo  it  was. 

L.  C.  X   Cannot  you  name  any  time  ? 

Willit,  He  may  be  at  church  sometimes, 
^.nd  I  not  see  him ;  our  seats  are  at  a  distance 
fnm  one  another,  and  there  are  pillars  between, 
that  one  can't  sec  erery  body ;  and  I  caooot 
cafl  to  mind  when  I  did  nee  him  last  at  church. 

X.  C  X  Has  be  been  there  w  ilhin  tbis  year 
Or  two  ? 

Witlii*  fie  has  been  gone  from  Hackney  a 
fcyear  atid  alxive. 

Mr.  Mountague.  Pray  can  you  say  you 
have  seen  him  at  church  within  these  four 
years? 

WiiUt,.  Truly  I  cannot  call  to  miud  whe- 
ther I  have  or  DO. 

Frrind.  I  desire  Mr.  Hi-mttio's  may  lie 
eslte<l.  J  roidd  call  a  grcTil  many  more,  but 
tlu-y  are  much  in  the  *iarnt"  eflVct  sb  these  are, 

i.  C.  J,  I 'all  \*'fioii»  yi>u  wtU,  sir  John,  if 
you  thiuk  fit  to  call  iheni,  we  will  henr  th*^m. 

Frcind.  Being  they  are  not  here^  I  will  not 
trouble  you  further  ;  it  is  all  to  the  same  pur- 
"  We* 

L.  C.  X  Well,  take  your  own  course ;  if 
^jou'll  call  them,  the  court  will  be  sure  lo  hear 
"^Ihem. 

Frciod,  Hut,  my  lord,  here  is  one  thinif 
thai  I  iiHist  d»:i*irL'  your  lordslup^s  direction  in : 
if  thei*e  ^feiiilemen,  ray  lord,  captain  Porter 
and  cajttjuii  HloLir,  who  are  the  two  witne&ses, 
and  iiune  but  those  t\%o  affainst  me,  if  they  are 
Papist j$,  they  are  not  cfoou  witnesjies  against  a 
Protestant,  to  prove  him  a  traitor  within  the 
■tatnte  of  the  2:>th  of  Edward  the  Sd,  For 
Che  stattite  says,  lie  that  is  indiaell  must  be 


Triol  ofSrJiAn  Fremd, 

pro? eably  attainted  ;  which  caMiol  be  by 
eridenoe  of  Papists,  and  tbose  that 
take  tiie  oaths  of  obedience,  wbicb  are 
to  be  taken  :  and  tberefblv  I  tonbly 
yon,  ibat  you  will  ptrte  to  tender 
oatlkB,  for  there  is  a  atatnle  tn  tbe 
cap*  4,  which  appoiiita  the  tendering 
nalbs  to  them. 

L,  C.  J.  That  ts  not  oar  bu^nesa  it 
time. 

Frtind.  Then  I  mtist  b^  yoor  pardon 
they  are  not  substantial  witiiefacs  ;  f^>^  ilm 
the  hkw,  as  I  am  Inlbrnied.  I  biimViI y  sol 
to  your  l<ird$hip,  whether  tibia  be  not  tbej 
1  only  speak  it  lo  know  whether  it  be  en 
nient  for  me  to  rehear.-e  it,  I  asked  the  f 
tioo  before  they  were  sworn,  I  kow 
i^bether  it  be  coorenient  for  me  to  tm 
now. 

L.  C,  X  Jly,  ay,  it  is  rery  oooTenienI  ■ 
now  is  the  proper  time. 

Frtind,  Before  e? er  they  wefe  swore  I  n 
bare  asked  them  tbe  question  whether  i 
were  Papists  or  not,  but  tt  was  not  allowf 
was  Of  er- ruled :  now,  ny  Lurd,  there  is  s 
a  statute,  aod  I  humbly  beseech  you  to 
them  the  oaths,  aod  that  would  be 
stration  that  they  were  Papists,  and  then 
could  be  no  ^ood  witnesses. 

X  (I  X  You  say  well,  if  we  conid 
such  a  statute,  that  no  Papist  should  be  i 
ness  ;  but  there  is  no  such. 

Frtind,  My  lord,  1  beg  your  pardon,  ai 
hope  you  wdt  not  take  it  amiss ;  1  tMct  w 
I  am  odrised  to  offer, 

L.  C,  X  No,  no,  by  no  means,  theie  will 
nothing  takeQ  amiss, 

Frtmd.  For  the  sUtute  of  tlie25tbof 
ward  llic  third,  and   that  of  the  Suth  of  1 
Cliarlts  the  second,  and  that  of  tbe  3d  of  k 
James  ihe  firi»t,   cap,  4,  here  it  is  p 
monslrable,  that  Papists  are  not  tu  be 
atrainst  any  Protestant,  who  is  with 
teemed  a  damnable  heretic  \  and  then  they 
tieve  the   fK>ue   and  (heir   pneiiti^  can  at 
them  from  all  oaths,  and  tbey  are  declai 
be  given    to  evasiuoN,  aail  e«|ui vocations*  I 
mental  reservntiniis,  and  can  have  disiper^sati 
fcir  all  thf  ir  villanies  ;  and  the rt lore  they 
not  to  be  crediletl  :  their  eridtnve  is  €%iu*i  f 
unh-ss  they   will  in   thi^  manner  upon  I 
oaths   renounce  these  prineipleu:    therefor 
hnuddy  Iwg  they  may  have  the  oaths  tend* 
them. ' 

L  C.  X  That  is  not  our  business  now, 

Frcind.  And,  my    hird,    jonr  lordship 
pleased  to  promise  me  that  if  any    matter 
law  dill  arist*,  my  tokmsel  i$hontd  he  hcard^ 

L,  V.  X  First  let  us  know,,  whether  llieri 
any  i>uch  law  as  you  mention,  or  tu  any  £ 
puqjo^e. 

Freind.  My  loril,  t  desire  my  counsel  i 
come  in,  and  speak  to  it :  for  my  life  is  in  t 
gfer,  and  so  is  evevy  lionest  gent]emau*s 
every  day.  1  am  as  clear  as  the  child  unb 
I  have  no  witnesses  to  prove  any  thing, 
therefore  I  desire  my  counsel  may  be  hear 


>u  VI  a 


J&r  High  IWesstm^ 


^tJL  If  tbr  nniri  did  think  there 

b  Hm  ot^ectfofi  that  yoa  tnake> 
I  Mil  lit  jrov  b«Te  ouum^I^  we  M-oald 
Djf  w«  mre  de&ifoiis  to  do  it  li'  it 

_  Wkit,  my  lord  ? 

'  To  allow  you  counsel,  if  there  were 
•  in  this  objection  io  relation  to  Pn- 
auts  viloesaes,  I  would  be  gtad  to 
I  tlttt  would  own  this  objecuon : 
teliii  I  iM  no  coloar  in  it :  the  statute 
irfkfCidaeed  tbat  ^ou  qnote,  and  then  we 
H  «t,  vhitber  tbera  be  any  things  like  it 
4  M  tftiole,  Pnj  will  you  read  those 
vailifcri  jnra  t^  ore  in  thai  statute  to  that 

IrmL  t  un  not  iO  expert  to  know  the  words 

Idbiad  ilkr ;  and  therefore  I  think  it  is  le- 

ildbald  Lave  connseK 

IX  It  ii  ftupiio«<^  you  have  had  crtun- 

Htialt  tupfiflfe  your  counsel  that  have  ad- 

^Wto  make  this  objection,  have  instruct* 

i^ t«  ileraibiHits  in  Uie  statute  it  is. 

hmi  ^y  lord,  1  desire  my  counsel  may 
troftdidtudheardto  it. 

LC  J.  1  It'll  yoOf  that  by  law  M'e  can- 
■I  hm  ooonid  to  any  such  matter  lliat  has 
^fiMr^if olMection  in  law  in  it?  though  Ibr 
^  Mn,  I  w»«h  we  could,  because  1  wonM 
mhr^  counsel  can  say  to  make 

^tb  ion,  that  Papists  are  not 

tfml  My  lord,  I  wish  you  would  hear 
i9««Mlnit. 

t»Ci.  Lmk  ye,  sir  John  Friend,  you  have 
^■■idhn  this  statute  may  he  turned  to>  and 
y^  A^  In  have  theiii  read,  and  they 
^  ^  ife  read  from  the  be^nniug^  to  the 

.A^  1 4mM  the  stjMnlcs  of  the  25th  of 

(lbt]Hnl«  the  3*!  ues  the  Ist 

KSUib  nf  K.  UieSd^may 

^  Wkal  diaptcr  is  thai  of  the  dOth 
tIw  tli«  ac^ootid  ? 
fttally  It  is  not  put  down  in  my 

,  A   Then  look  out  the  chapter,  while 

■ftqgf  tka  iilhiT^     Lyjok  ye,  g:eut|eiijeii 

r  jonr,  «r  John  Frejhd  does  desire  the 

Kfoir  t^  of  Edward  5,  may  he  reml, 

k  m  Ihe  sUltitc  alMjiu  treason*,  and  the 

-t.L.  i,  t.»  t^  iniitctcdY  and  it  shall 

'  Jirken  to  ii. 

This*  iH  made  in  the 
I   Ihv  thiril      **  A  do- 
Untl  he  judged  trea- 
inious  huve  bei*n 
^<4  tri^aaout  shall 
at  i^L" 
^Jfml,   1   h«^  the  favour  I  may 
1 10  be  retid. 
art, 

ium;  it  will 

II,  1  am  lid- 

•  »i»  vv\  our  h  ua  tn^a- 

TittBurrecUon :  and  iu- 


Tiling  men  to  come  from  beyond  sea  is  no 
treason,  unless  a  foreign  prince  be  invited  to 
corae  with  bis  own  subjects  ;  for  Euj^lish, 
Scotch,  and  Irish  are  not  enemies,  hut  leUels^ 
and  to  be  dealt  with  otherwdse ;  therefore  1 
leave  it  to  your  lordships,  for  I  am  no  lawyer, 
only  1  am  advised  to  insist  upon  these  things. 

Then  the  Statute  of  the  2r.th  of  Edward  % 
about  treasons^  was  read  thougbout,  only  about 
the  middle  the  priaooer  made  some  interrup- 
tion, 

Freind,  1  believe  this  statute  ts  not  the  sta- 
tute 1  go  upon  ;  that  which  1  mainly  insist 
u[iou,  is  the  statute  of  the  third  of  king;  Jaxnet 
the  tirst,  cap.  4, 

J  list.  Hchcby,  This  is  the  same  statute  yoa 
arc  indicted  upon,  tha  iH'eat  statute  for  trea- 
sons ;  and  as  to  your  objection  last  mentioned, 
what  is  treason  and  what  is  not,  he  is  not  yet 
come  to  that  part, 

Freind,  Well  then,  let  him  go  on  witJi  it. 
(It  was  read  to  the  end.) 

L.  C,  X  Now  it  has  been  read,  is  this  tbtt 
statute  you  would  have  ? 

Frcind,  There  must  nei»ds  he  a  mistake  bm. 
to  the  chapter,  it  i^  set  down  the  25th  of  £dw«> 
S.  but  there  is  no  chapter. 

L.  C.  J.  Yes,  this  must  be  the  statute,  ii  re- 
lates to  treasons,  and  it  has  those  words  in  it, 
that  what  you'read  out  of  your  papers  relates  to. 
Well,  that  wt  may  go  on  in  order  of  time, 
what  statute  of  king  James  is  it  that  you  men* 
tion  ? 

Frcind,  It  is  the  Sdof^king  James  1,  cap.  B^ 
it  is  upon  account  of  tendering  t!ie  oaths  ap- 
poiuti^d  to  be  taken  bv  the  statute,  and  (reading 
out  of  a  paper)  to  tell  the  court  that  they  ought 
to  have  the  oaths  tendered  theuK 

L.  C*  J.  That  is  the  buhiness  of  another 
time ;  read  the  statute. 

CL  of  Arr,  *'  An  Act  for  the  discovering  and 
repressing  Popish  llecusap  ts .  ^^  >Vh at  part  is  it  P 

Freind.  Truly,  my  lord,  I  cannot  tdl. 

L*  (^  J.  It  is  a  long  statute,  but  if  he  will 
have  it  read,  it  must  be  read  all. 

Freind.  My  lord,  I  would  not  give  the  court 
any  trouble,  hut  it  is  about  having  the  oaths 
tendered  to  them. 

CL  of  Arr,  I  beliere  this  is  the  para^ph, 
^^  And  for  the  better  triul  how  his  Majesty's 
subjects  stand  a^Tectcd  in  point  of  their  loyalty 
and  due  obeihence,"  &c. 

A  great  part  of  the  Statute  was  read,  relating 
to  that  matter. 

L,  C,  J,  What  else  would  you  have  read, 

sir  John  Friend  ? 

Frrind,  1  only  gather  from  thence^  ttiat  do 
Roman  Catholic  In  capable  of  sweariug  agiinsi 
a  Protestant,  L»ecau!ie  the  piipe  and  the  priests 
can  abawlvt?  them  from  their  oaths, 

X.  C.  J.  Well,  IV hut  have  you  uiore  to  sayf 
Frkitd.  My  lord,  t  ojily  « peak  this  as  to  Bo- 
roan  Catholics,  tliey  do  not  regard  an  oath 
against  a  Protestant,  because  they  have  their 
priests  that  can  &b«olva  theoo,  and  there  fore 


1 


47 


iviLLrAM  HI 


1 . 1  i. 


.//. 


...I, 


anj  t'<:a^^  1  h<pfie  vour  if#ni»hi'>  i«u:  iii:.'^%  it. 
M  vQu  are  ■:  ▼  couo<«'=-t ;  lor  \*ia  are  aa>«ixuel 
^r  me.  a<»  «*';i  aa  itie  kii:^. 

£.  C.  J.  Ye»,  >C9,  [  woold  Mp  jou  ia  anj 
tbia^  I  cnuH. 

J  si^/^-  M*  fcrd.  I  itvik  r>u  :  I  «:«*>%  y-<: 
to  fk«!^t  nae.  lor  I  am  as  inc'iocb  a^  :h-r  c'-.-.y. 
onhora.  i*hAL<oevcr  th«4  ri.«^i  i.avf»  S4r>.rr. : 
These  are  ha?'i  tiiLa^<»  'La:  jre  iii-i  uv>ti  a 
fTcnileaiaa.  ar.«i  bo  um:i  u  •sifr  ^:  :l.-»  rit^.  tb^'v 
itaaj  ftwom   by  two  PapHis,  tsLo  vriil  swear 

jL  6'.  J.  I^^k  je.  air  Jobii  Fri^:::*).  have  yoa 
aoj  viitn^vc^  tf>  proifuc«r,  i-iai  tbeM:  two  men 
faa.'et:«y  •iupU«^ure  or  mAi.i^xsAizst  jjj,  1^:11 
tbev  sbriCiM  aceorte  yru  tiLi^!;.  .' 

trtind.  My  lor*!,  1  a  f.  ♦'"•ry  I  hi»e  not  iry 
wit:!««fies:  1  have  Deen  «i  ke^-^i  u  »,  :^^t  I  ha'l 
not  Lrne  tor  people  l-  crmc  to  lUfr :  K  baai  d>x 
my  cAuaw-i  to  c-jin»?  :o  n-..:  "t?  .  ••■■  S:i:iL  liay. 

thai,  I  til  ink  it  wa^  Friidv  ei-i  ■  r  YrA»y  i^- 
tMliinby:  I  h^ii  rh^ui  coc  t. ':  FrL-i^y  iij't  i*? 
jrfUrriorHB:  1  wa.«  koi  v>  €?•-.?  rb*'.  d>V.-  v.*-:- 
perrui-rH  tu  cvr.*:  a:  ine:  •• ;  Ti/ursfliy  i  J  x- 
«n  oritf-r,  iiu*  r*!? r?  wa*  k  iii!?t:iNfc  ;a  :»r;  order, 
aiifl  I  H«sifr:  i  f>  a"*-*:  R-'  ■••Jrtrr  ord^r,  but  1  eouid 
no*,  wt  ary  if^iy  (o  t;-  ^airiLer  orler  lor  rae.  ti> 
hate  irv  trie:;  .4  ti  co  rini  eo^ufre  !Ot>>  zhin^. 
or  *'ise  I  iiLouJ'i  i^aie  I'/uikI  out  £dou^  ot'  w'ic. 

Att.  G^.n.  I  a-1!  sare  he  Lai!  an  onic-r  t'.r 
coumel.  at  th'^  «a[ne  t;oie  that  oocice  was  '^ren 
Ihoi  or  tii^  txidl. 

7-  C.  /.  Wh.-n  was  that? 

Aif.  (it  :.  On  Tii^V  ;V,  !rv  lord. 

/..  C.  /.  *Vh4t  sav  V  /u  tr.  I't.  >lr.  BaWrr? 

^Ir.  Bik^  .  My  *h'-.<,  I  .i:.l  alt<-i..l  »i.-  John 
Freiml  im  Tue^Iay  la>t,  m  jitc  inm  r.'  ti-.;:  *it' 
Hh  fial  as  thi^  <iiy  ;  ard  I  4t  the  9.i:ue  tin^c 
toUt  liirn  il  li^-  ^M<;l*i  iiamt.'  b.s  ^'mn*  1 10  tr.c,  1 
w^iild  |T'#..iire  an  oHer  lor  ilirm  '"  come  1.1 
bir:i.  The  ut-il  rnvnin-,:  he  .»;ts  j.lexse*!  t* 
mnieirt  mc  sir  Ba.-tho'oniew  Sh«#wer ;  I  to*.»k 
the  iilvrty  t-i  t^\.  biin.  thai  he  Itui^  w)  c«»a- 
cernwl  ar  tl»e  H'Misfr  ot  L»/nN,  an«l  at  the  com- 
mittee affint  pur!i;iin9!.tar>  b:i'*iD">'4,  sorn;: 
otinr  ]^r^f>ps  ttiat  ba>i  tumeil  hint  of  their 
cot2ns«'..  iiii".*;:l»*nnli:i^  iir.ki*  were  |irociired 
t«ir  !jm?:  Tij  ,■ »  iM  liip:;-  -s  i!jeir  csjUp.v  L  jtl  b\ 
tha!  Mi'-'-iii .  t'.it  \  V.  .1  .T  <{  •  .-.i"*:!.!!  i)  .•!  iiim.  aiiii 
l^rtat  i!r'r  ".  « .i-.  i''*»'ii  1.  •  !!ie  ri.-i'^iiivra ;  and 
theretorf:  l'  •  ^!/-  J  li  -n  tii  C'lij-i'Irnt  it,  n'.iu  tu 
•eiir]to^:r  [' jhIi.  ome-*  ^.i^jwer,  ?:tul  aay  wlit^r 
coini'fl  ili't  •«  iia'i  a  ti:.ri  I  t^t.  a. pi  ku'itv  ttirir 
|>l»^i:«iirr<«.  v.>,i\\*A.r  iUe\  wnui'l  atn-u  I  hnii ; 
ami  if  \h:  uijii!>t  ^nil  ni»r  wonl.  I  i»>i;i!il  procure 
an  oril<-r  tor  liiiii.  Hut  m-.l  iif  arj:.:  troui  him, 
1  went  «"i  Urin«'vi:!\  ii>  b:irj  a^^ii..  acl  he  ! 
he  hfiit  to  \Ir.  NortlKi ,  but  lif  uouUi  imt 
K  to  him  till  be  hail  j^puke  witu  ^ir  Hartho- 
Hkiovttfr,  but  he  wuaM  send  me  word 
I  w|ht,  yet  he  did  not.  Bui  the  next  day 
M  Mr.  BaddKh  to  ne   to  the  diiko  of 


.f  ZJ**  >rr-..  .-*  tf.i:  ae  w  Uli!  h,iTc  .*.' 
ijf' -1  ii..»--i.  '  !^.t.:*-»ua:r-\  I  prin: 
'i-ir  :ue  .t,  i  *•;  i*aj  ike  ^eot  wim  .r, 
•.>;3  i .-  P.i  .-T-1 -^  ;  3Ir.  U  ciue; 
Cr-*.-.  t.  .r  ■  ...-  -t  iheixi.  ^lk.  r.:i 
•*f»l---.  I  irr  -••»  :>*.w*iew'.iich-  acN 
u»l.  aivi  Mr  Lii:r  ri^b  »err  to  b- 
:  .  .  Mr.  b-.-.ei.-.i  ii*;  ibe  ••r.'.' 
r-'j€  I  a.-ry    i  ;■>  !iiri».  1  cat,P"t  h^'|»  0: 


ii: 


.  C^-^i  WAS  LtM  *.r\lKZ  t'< 


Mr.  Baker.  U  wa.s  upOGTburvlaj 

I      Fr-i   i.  M_\  i'HiJ.  may  i  s^^^k?  * 

/-  t.'.  J.  ^ '-'».}>»,  wint}OU  will, 

F  -i    :      My    ir-i.  the  reasiic  wh 

kPy  WtiRias^^    »j-  th  s  :    ihtrv  wi 

m^n.  oo^r  n)l«-;el  t  i.-h.  iieuietumi 

L  !•  as.   I  .^  '.'■  ;.-.T..«.k  to  :fn.  ar*!   1 

Jij'ii  ■.  .:'i  i  :ur.  e  iLorc^.  'h**  J-.'ja 

me  IV   ;..»  !.   ridvea^i  -Dnltr  to  :: 

.■-li  atTe*:   \L\  -fci  :;r*»»-«  ;    l*i!t  th«:\   ■ 

1..  ir,y  ■:.«  ...!  ii:.--r^i.r'^.  t>  ;t  liie-.  i 

r.i:   ii\e<isr ^rr.'-a  .  ;n  !*.   and  »    a  i 

;  ni«  I..  ^42..;  .t-y  .  ;"  r^,^  aa.si?tAr:ce ;  1 

«iw  wu  .i  a  'cs  jn  t, ■■■••*  wa>  iipoo  r 

J.'  .  O  -.    .U  :  vr  Mr.  Cx-iii.  :?:« 

^"'jt.   •"L-v^.:  r'.rr  :?.    b?  was  !H;CJrfd 

'  Ci'^a  ot  Trea-'L^. 

L  t.  J.  Ii  yju  h.i:l  w  »iitei]  iny 
i\a  I  Li.i  •:  •;  b»'en  s»^  t  i.'y  j.  •  L».-.-tni\ 
pecte:  I'j  iie.  you  t^Ii^h:!  :  !;jve*iL..«vt» 
ifi.il  earn*'  i».';  ti»  ri.r.   i  ..iT. 

Just-  t:,.-r.i^'.. .  ii-.t  i»iy  l-n|  ;.ut 
iii  y  .11  J.i*r :""•■«.  c.'M  \-  1  >hew  a;>\  r 
lhe>i»-  jiersoas  sa  •ui'j  iiife  ait\  ii;ii 

Ff-'fi  ♦.  >Iy  '.  r-L  I  wi-  c  «t  ?  ■  'i: 
ycr  a-*  to  kii--v  I'itse  1:1;  ^^  :  4:. 
tii;n:r.  thi:  a  l.k:  ;  iisit'*  :  i.;*..  s.\n  nii 

ih.iij.  t'.TU.'w.  ::»!.. ii^,..r.i  iiw*.'  r»»il 
null;.-!  ti.»  iii'i.^tr.  Mi'-'litf  ti  i\  art  I 
iii>i  .K.>i>r  n«». 

II "-^iy.  N'T  h;i*e  voiir  ;-.  lii.ex. 
lb  it  they  aiv  !»"::i.i:i  Calbvl;'."s.  bu! 
lLt:\  a.«:  rfi>;i:c»i«4r). 

A.  C".  y.  \\  cll.  1  raiiDLft  It'll  M :  a: 
would  lidve  Uir  ■  i.  ;|'  ilit  \  l,.'..»  i^^ii 
Ha*»  you  a»'._>  m.-n.  i.i  sjC.  s.r  Joii:i 

FuinJ.  N  ».  mj  lonl.  I  ieavo  ii  u 
\i»ii,  niiH  tliejiir_\  '••co:iS4iiiTcl'it. 

Sif.  Li.  :.  Mj\  It  |iL'a.so  yniu-  ;.-,ri 
\i»u  ijiMliini.i  •  t  ihr  j.iry.'l  am  of 
iJ»i«»  caM:  r'i»r  tue  k.n^,  uj^aid^t  mi-  J -.I 
the  ;.n9i<int:r  at  the  bar  ;  and  11  c*  uus 
til  sum  up  the  e^idciue  tnai  iia>  U 
Sir  Jo;in  Fi'viiid,  ilic»  pii^-iuirai  the  i 
but  oui).  that  hi'  li.i:ti  h.ihorto  had  1 
inal.  an  {  iiv  Nu...i  ii^«o  i:j  ;easoii  t«» 
ih.it  Idi  hi!ii  ai.j.  iiijury  in  i\\\  pa 
sure  b'.ih  l.t»,  aii«!  yuui  ami  :I  |  ^ 
lAtrJI  reuiembtT,  whcu  persous  of  as 
lily  as  he  is  or  belter,  had  not  the  si 
or  liberty  of  defenw«  in  such  ca^cs,  a 
tlenum  'has  had :  and  though  all  1 


Jhff  High  Treason. 

t  fh^  tliiie  was|  ivitbin  all  our 
i  intiifCtticy  wws  no  ssfety  for  a 
^ moA  leflifiir  his  Hberty ;   and  wtien 

imm  taken  awa^,  und  ure  uivaii9fl, 
t^Srt  iiiuiIiid'^.  Th^  tJTiie  «'ns, 
|H«ileitif»^  ...r.,  ,  .,.  ,..,.>  iK-  .  ^.irrh  of 
qfwikklj  litiHcff 

Hrr  a  vt  .1,  L  .       iseit  is 

* y,  tfip  time  was,  when 
kill   when   Pojiery  (for 
if|»f*n  the  wifne!i»fe»)  njts 
hoth  (14  and  it ;    and  if 
tfi«  Uaxani  of  liis  litV.  ind  at 
,  bJMl  nnt  re«cupil  U5»  Iherf  is 
i  (ml   ihut  all   Ihdt  we  feared  At 
[d  hsirR   b«4  n  nmde  i^ood   upon 
*  ii  uinchfdy  thioif  lo 

J  sort  cif  people 
f*f\'    \y >  n   what  w<»   ttjea 
rontinimtly  endcftfouriiitJ!:  to 
>        *     •   t(  i'i  an  ttnofratfful 
iire<l  his  life  tln^n 
'  ir.re  to  defend 
'ji  oiir  ene- 
c  a  i^tarlv  of 
they  ran  to  in r title  itcir 
Wis  iJi-uc^lyS  Kulijecis,  atid 
If,   ivfiJ-n    h«   is    present 
not  »c<*use  Ihe  pr'(j>onrr  al 
I  ttitiugti  it  IK  pliiita  be  knew 

'  €^U?  I  dH^re  before  God, 
[  Iciiop  n"ibir;^  of  it. 

if  it  wffe  iinuMi^  equals 

uoi^ritiffiil  tbio^.  whtn 

'  ■■:'     T  my  deli-nce,  ihtt 

life*;     i>r  when  be 

I ti- , .    ....  ujy  estate,  1  aUotild 

I  spiTiltDi^  bit.  ' 

*  ||u-  nrkr^ntfr  at  tl»e  bar  is  not 
J  of»  anil  wUal  yon 
rvidenee  nf»  tnen 
I  rr*tite  to  bim  :   hut  if  what 
_  iidfnee  i^ic*in!(t  Itim  is  true, 
r«i  th''  bar  in  one  of  those  |>er* 
%TCke  all  bc^  can  to   mak<>  this 
•^  bcvn  tbe  plate  of  rrtrt-'at  for 
to  (!\   In   fram  pe^fifoutitw  in 
i  M^y  to  m^k^  it  »s  nn- 
tJiat  fif^m  wliioh  fhey  came. 
—r   iipTiin*!  *hin»    ii, 
■  en  it  in  «^vid>?nce, 
>t   ifi  LeadenhaH* 
prisoner,  and 
-  r  t<»  consider 
xrick  the  late 
_  afid  i  at  la«i,  tliat 

iMioui'l  h  '    dy  hi  to 

'  iHe  J  io  bor- 

eblcioaft  .  liiKiOhorsef 

iii»i|  ;;  nnd  that  he 

k«  ittiAt  '  '.td  wiib 

ite  him 

to  meet 


A.D.  1696. 


[50 


to  go  upon  this  errand,  was  Mr.  Cliamock,  a 
person  lately  executp^l  for  the  treasons  of  which 
be  was  attamted.  Mr.  Chamook  was  diffident 
whether  this  was  the  f  ffeet  of  sober  cousidera- 
tioo,  and  thf^refore  wnntd  not  undertake  to 
carry  this  message  unlit  there  had  been  ano- 
i!it:r  oi*eiijig  of  the  same  persons  5  to  see 
whethf.r  iiit^j  continued  in  the  name  mind. 
Another  mcrtingf  accmthngly  was  appointi^d, 
and  agreed  upon,  and  thai  was  at  Mrs,  Moaut- 
joy's  tavern  at  St.  Jiimcs'ii,  and  there,  he  says, 
there  were  almost  all  the  p<!rson«  that  were  iti 
Leaden  halt -street  and  at  that  itkeeiing  the 
question  beii»gr  asked,  whether  tbfy  were  of  iho 
same  opinion,  that  Mr.  CharnocU  siumld 
Ifo  to  France  to  the  late  kinr^  upon  lltat 
me^^apfe,  that  I  told  you  of  before?  they  did 
u!l  Hirree  lo  abide  by  the  old  rfsohition  ;  that  ' 
h^  should  go,  and  make  as  sjniedy  a  return  as  . 
he  could,  and  bringr  hack  the  lute  ftiiig^'s  anitwer. 

Captain  Porter  tells  you,  that  Mr.  Charuock 
did  sfo  to  France,  and  "comcis  and  brin^  wonf  ' 
l»ack,   ibat  the  French  kiogr  could  n<»t  nt  that^ 
time  Bpare  that  foree  that  wjis  then  desired  ; 
dad  sii  it  was  delayed  at  that  time,  becaube  tba' 
Fnench  king  was  uot  at  leisure  then  to  employ*  I 
bis  men  in  this  service;    but  it  was  likely  tor] 
b»?e  taken  p^nce,  but  very  latily,  if  the  pron« 
deoce  of  God  had  nnt  prcTenleil  it. 

Oeutlifineti,  our    next   witness    is    Captah 
Blair,  and  be  tells  you,  That  about  two  yean 
atro,  sir  John  FreintI,  the  nvis«uer  at  the  bar,H 
niieweil  him  a  commission  that  he  had  received* 
from  the  late  kiojj  James,  to  raise  a  regimenlf  j 
of  horse,  of  whieh  he  was  to  be  eolonef ;  thq 
thiH  was  *i^ned   James  R^^x  at  the  top,   and 
cijuniersigned  by  my  lord  jlelfiird,  ami  it  wa»  I 
in  p:<pQr.     And  that* there  wpre  a  ^reat  many] 
c-'onyultatiotis  between  sir  John  Freind,  himself,* 
a  Of  I  others,  about  the  raising  of  this  regfi  merit, 
aod  jirovidinpf  officers  for  it.     He  tells  you  he  ! 
was  to  liave  been  lieutenant  colonel,  and  wa*  J 
to  procure  as  many  o0icers  ar»d  troupers  as  hi 
€Ould ;    and  he  Icils  you,  he  did  procure  several  I 
officers  ;   and  he  names  ihem  ;  one  Fisher  wai  f 
lo  be  eldest  captain,  oneVernatti,  ando0eHall|] 
aniJ  one  Hertham,  and  that  Bcrthnm  was  to  bN^I 
lionteiiant  to  Bliiir  in  hU  own  troop, 

Geiitlemrn,  a  gi'cnt   deal  of  tie  eridefio9| 
which  captain  Blair  U^  given,  is  indeed  out  i  " 
sir  Jubn  Freind's  own  mouth,  and  that  ia  1 
strOiig' an  evideuco  as  possibly  can  he  iriveti{1 
and  he  does  f*.r  tlut  ptirjiose  tell  you,  that  ht  j 
said  one  Evun^  was  to  be  a  captum  of  hora«L| 
and  one  colonel  Slater  was  g^rown  so  loiM'h  iii] 
sir  John  Freind*8  favour,  that  he  rif  alk  d  cap*l 
tain  Itlair,  in  the  opinion  of  sir  Jidm   Freinaf 
and  fiir  John  Freind  f»>r  that  reason  would  biivt 
two  Ijeuteuoht  colonel**,  whereof  81  or er  was  to 
bf»  one.       Captain    Blair  say*;,   he   took   that 
ariiiis,  that  any  one  besides  liimself  should  be 
in  thiit  post,  and  rercnted  tt  to  t  ir  John  Freind  ; 
atid  thf'retbre  sir  John  Freiud   found  out  ano. 
tlit'r  ottice  for  Slater;  :ind  that   wu^  to  be  a 
captain  of  %  trioft  of  horse,  that  khouM  consist 
of  lion-Hv^ earing  pnryons,  and  wluclt  were  to 
b«  an  independent  troop. 

£ 


0?xr.i£3n?L    £.i  ^"U  jm  ^uc  ic  nil    jk  iLzar  r*iua  J^i'v-i^i  mi  iinr  mt'ir 

:l:.i   ;    -^!:»-  nr-r     inc  -jt»^   ii-»  a  "UH   mdkt  uu  iii»c  Fsri'ia-a  miiisr'iHiii  n  ir  : 

-:.^   .1'  ii-..   *^.  I  -n  riti   rtiiut^u.  v-iici  le  uw  ler  •!"  ueo.  iau  r^  n  je  »  r  i.  r  ; 

..-»i\     l.iU       i:«    KiS    ^'iii.    HiiC    BT    ^UlB  Ml~'  .     Iiri    I:i    ILm    Vic    .1    0K   *•.: 

.'  -..  •!     '..it     ii.:i.     ii;^^    iiLi«    j«t::iiinana.    wk  » ltd    Uk    ThuuD  ii-si   •^^■'  «J- ■:*. 

I  ii.iiit-:-   :.4..»^.::    u    ii'rw.  uu  •!•(  Ukc  ir    hik  "nif  2r=£  ide*.      i^ii.  :s^'-  itt  isii- 

y^'    ...11*.  ::.^  le  vb»  ..  M  k  s:ii;uii  ii&sv^e.  i*i   ^-t^l.  ml  uu   am't  t  ;a  sr  • 

-f  -  4..T-I  fa.  (iuuiii.-i      >ii.  r»i[:r-^i:i:.i.  nax:  i*«  !;r  ^inj  xua  11:3.  ^l"    hiik  iiTt  - 

r       ■■.-_•*  -i-.a  nr :  • --_iiii  i^-  -ti  sut:*  am  ik  «-5-:  filBi  iiieaHn:. .  't-  1: 

:ii  'U  -     iiLii   lis  fa  4>i»iii&  ;  iiA  a  lu'^i.-^m-  aac  iub  rfi  ntaa.  hsk  r  uif  "firr* 

«  :.i    111?  uouiiHr  iii-i'      ik  %mrri  aiar  sr  ««iit*i  am.  irtip  levri  sxs'^mi:  m^s^ — 

.1:.:  v^'  ;ui.  t  r  Ufs  *-«sk.;«  ir  -•huii-*  Ftniar  itdtii*^  f^  i,jtsusi  s  n   lit  na^  • 

1  '  If'    'AH  7i«Hr.  ^iii   lUaf  K.~  .'lou    J^anc  t^uri  i^m  Ha  irs^tsicrf  r>«-i  z.--:~ 

i-i   mi:.ai«n«i::  "i-Ain  £ixic  .'im-v  ac  ?c.    -Jvsr-  *^  smivn      uw  ue  jv :  v  czib— ^  . 

7.;^:if .        j:  t    k1j»    ^'iil     2X«*C    ?'^ilL    1^1    »-  '.'.iiaiuiiia       KC    Uls-    »    W    fT     — ... 

*';--L  tiis   UAjfif**     iiic  nil.  2KT  cf:^   T-tn  ar  r^wii»  i*  ul      i.r  c  v:i>  :■«    -   - 

.'■111  ? '::n«t  iti  -mry  s  v  M7  i  u  am     wr  tr  m;.^  unerg-i.  112     s^^-^w  ■- 

▼  i»*3    aiicmi   ll.asr    v.»  :.--.^uui  m  m' •••<■  ^  *"^^  J^'iujifta  ««=^  v  '  r^  >  ^  ' 

r-iin-'zihri  iisi  ii>  -«AMi..ii  !.&;  •  I'.u  I'-iT  i:srt  IK  V  zibTaaoQ^  ns  *-^u:T        iu. 

r*!  L  rr  11  P^ifuj-ift  uu  XT  iii»  _•.  li.     ".'.unafcii  f*-?"    :t-«rr  siiiw:?  uu.  xien  V  :•'  i« 

3.:ur  UmxI  !•  1  i.:cr]s  ^n-ae,-!  i  «>5m;«  -n  "je  r  n  nr.br  iim^  -n«*«uri  lum*-^  •  ii^' 

ujxiMir  -r  .Ik  -''ij^nr.  zil  ib  irnnUs   liizuAz-r  k  u  ii>«a  jh-^luiut -aiin;*^  -  r 

ij    ii»    ^arr^t^n    ir  .•  .uT^mi:.  -it  i  k^-bh  2e  V.;    luc  oair  ip'-  ta  m  -  r  .r-^.: 

tr  .  ..  -  :.£^  npuc-^  'Jm  M  a  iad  iaLf     ui  >    i 

1.:  »:  r-i-  .•   .  ^ ,  »r  .tiuu  J"2Uii  1:^  rnns.f-n  i:  J  ;.r  iRs.iai.'v  .r  !::■•  i***;^  ._ 

Iff*  1.  "i. .   .-^■-  ;.  x»^i-i4*i*  itf  i-»*  I  "r-im  ?'^-  a    "*Ji^».a.     Si-    .  nuft%   -^■■- 

•'  :.  ^.i  ir  .rK.iic*«  j-i  1  ssier  :#»:  •  ^  ri-!!  zirntr.  us  "nifc>  LTr"Tn-Si  ^  sj   ■— 

*-^   :i— -  lau  :iit  itr=-;  mn  *iji-  mr  iiaf  w  1  r  w:  v:irt-^»     i  r  ^••..^'  -i.  :;— 

v"   -^^  Tix^.    :..n  u  iuci  i  xxt* .  aiU  c  mc^   t  Xm»7  x  r  :«»  r.c9.      =^  :. -      ^^    . 

r  :*-:  -^  *j«-_      T.d  n^xxisr  nuT^fi    »   im   a-  n  sn'^  n  y  c-j  1  .tA»5rJ  i'  -ii  -- 

~-n:     -■L..--t-r-i   i    wnnaL  mi  ^  n^  nuc  :::u  ?.;;    .  li ;  I  ir- •   "Ji-"*  »..    »'    -    . 

L-L— _^-         ■_'^':C    till    IXirtir    I,«ar     i*;  :     ..e-:  J  --Z-.    Vml;   XV*   r-'-T    (  u.  .*    •     1. - 

▼  j  .1— — *f«-t  iTu   i;^  T-^ii^mi;.  :ixu  i2--— r  ,  .    n  mnu    -nrujf;    r.   -^ili    i   r^'^Tt^-. 
"He  :-ii  -    .  -  ^   .^  .    Xiii:      ^     ut  »U2»tr  ^  *5^   ••    -       --ii^    :   nu  ;.  -   ^ 
w--i  ;^..   _  -   -".-.—  ^-1-     BSu  :ts  .-■^■ar-.  :ub«  cr.:    ii«=.^   •<*:  i»-  *i-i»i'i  T..r.:-.  . 
^»'    ■■«   :.:•■        ii:;vii    tt*    :*- i    t    i^ru    «*   «r  =-11?%:^    :>5C    i»c^     .     u«.  ••  >     . 
-    -.i   "  ■•-  ..         :  ii-'Tiz:    i    iic    ri^nr^   lui  im.*J  i  w»:"-  n. 

Ai^    u  «-=    x«  1    T  :-    r  :ri  "D    -  £1.^1;:'-*  t-i.i  •^»Mini  i' '..   ..■■     .-..^-  t. 

«'ina  •■!**-..    imlI    .:^    .-   A^.    T  .  L.-»i  1  r*Zii~  xt  :" .  :  .  ^     "  .     - 

u  »^-;  -  .rr.r».  ^     it  -i..-^  ^1    u.r.    ....   .tri-  i:j".i:r>r       ■  v       .■ 

au  !«»  r-.»  a  ::,.   -'..^..:      u- u; -'-      •■i*.-?  .  :.   .  ---  •  .-.  » 

^U  ¥ir^  2:_    -niii   !.  .11   .  ..    •  ■;;  -r    -  .      .-ik  *•'    ■-■-:■ 

■*    «*   M    r.  .!    :^.  :r--   ::-.    .■    .   .  -*      ■  .t ;..  :■.-•   i.  ^    -  .  : 
y^?FBc^     a;:^   i_   ■•   *    :-..            .  ^     ::-.   »  -■.—*■. 

■i^  3U#- "if  ."uu   *  "s--:!!.    T-:i    .:*:'        •■ - 

rci  ti:^    «r  «   .!'*   IT -»:■'»--■■•  "i:  ■  «-        »  .  .   ^■ 

al   in»  -i.ii-«    HI    ;..-:.:^-::--  -  -.     .  . 

M  B^^9  nt  111   IXtt  "vs*-^  n  «  ;:t^.^- 


Iri^w'TfctH  4«M  ..   ;v)>«    •  .U    «i.4     is. 


ir  oayntry^  and  to  your- 
\  gnilty  aceonliii^ty. 


turn  made, 
1Wimip«ft  o''  -^ 

Mivbia  Mid   I 
^fvMttof  tbr 


Mr.  C^mner.     Ifj^wr  JonlsUiji  pleases,  »jmre 

«r  t  v^knl  oa  iJie  Mtrie  sitle,     iMy  loni,  I  do 

•ttmoMtf  jQOr  lortl6lu|Miut  of  nn  Hfiprehcn- 

MB  ilut  ilittns  tit  ADV  ibiij^  nccf^^ury  la  be 

■il*  ibe  cudrt  iti  tfii?*  matier^  or  torVhe  n^  ! 

(MbfeHii  <»f  tii4.*  Jiiry,  but,  if  imssibi^t,  that  we 

M^tDttriticr  the  prisoner  at  tbe  bar,  tbnt  tie 

ImIiI  mmU^rd  me«iuref  in  t\m  pr«»«(eoiitiou, 

■Mliliini,  hot  tU4t  be  b  jvroved  cfiulty  of 

iiMBt  of  Mhtcb   be  stands  &ccus4:d/iind 

M  wtSkw  iherr  tt  no  u ei^bt  ai  all  ia  tbe  dc- 

fi  discredit  one  of 
If,  froili  some  dis*  , 
lo  buyfc  i^iUKsefl  be- 
Uere  |»roibtr.ed,   in 
e.     And  the  first 
.  iipOQ  Btuir'tt  (irftt  [ 
"1  t48  to  I  bat  titne, 
to  uo  more  than  lUin  ; 
ite^piiii  lUair  would  nt»t  ijoniess,  when  be 
■■pBfed  Itj  n  fellow- prisoner,  tbat  be  uaa 
i^^lfti^fO  to  horrid  a  de*ign.     What  iveigbt 
tarifm  «arli  a&  objection,  truly  I  cannot' 
m,km  will  k«ve  it  %a  any  uiaii^s  judjarni^nt  to  [ 
«M^,  ihttlat]  ;       be  i!^  Iresbly  taken  ' 

Ifiancfc  til  (V  [  <  y  not  immediately 

«■*•  ba  guilt  In  *  %  t TV  mi<ly  tbat  meeta  Uiin, 
vyfl*  fervoQ*  tftiit  would  not  bare  liked  bim 
1^  «sktft*«  atirh   a   eonfeasiun,   but  perhaps  < 
^^M  faA»c  dcslK^yed   hifn  iu  prison  for  so 

YW  nWr  dbieofiTBe  wm  upon  Friday »  tbe  < 
^»»4i»,  I  ikiiik^  before  captiui  Blair  went  to 
•M^f-V*!!,  trt  ah  enaniinjiiou ;  and  then  he 
^kBi«<il  into    Btutr'ft  cbaml«er»  when  i 
[  ill  mfon  tbe  bed,  accost&Uim  nith 
fijf  m  bis  ban<U  and  with  gfoud  ad>  I 
Acne  tjuiei  tbat  bi^  idiontd  take  i 
wbai  he  aboidd  say  at  llickbV 
t  llie  lik«  :  tind  tiien  ciiptain  Blair«  it 
iSA  exprec'c  Mime  relurtaucy   in  tbe  , 
r«aaj^tt|[  Mbnut,  as  if  it  were  ai^'ain^t 
kwdtnatiou.     If  tii;it  were  true,  ! 
n  BUir  ilenit^  it  pf»kitiv^;ly  U[K)n 
l^tl  «ras  no  more  than,  1  am  willing 
fe  fof  tbe  ttrKiuif  r,  t-npiain  Bbir  did 
I  l«r«v  whi  cait.e  into  iMinrt ;  ^ 

f   1  xr   iii  uAttiral,  since 

br*fn  tii%  trkiid  und  inliuiate, 
|WMiii^   10  ib-p^He  tbut  a^j4in^t  bim, 
I  l&«ly  ta  pritve  fatal  Ui  hitn* 

a'f  in  nn-'tbiT  part  of  bts  defence, 

itK  ;h  ;  ttie  (4%i4len(*e  brouf^bt 

I  Ibi  .  H  *ijliita»scfc  «f L'  ri*puttrd 

ll^abcMM'*,  ;tiiii  tbat  the  prisoner  is  a 

iFMimaiit  nf  ibr  cltureii  of  Eof/bind. 

t-lt  triM  »  ^'^      n  Im*  ritlionjUy 

|pii  V  \A  this,  tlmt 

Bfii*#^  «   .*......;   .vlitin  tliey   en- 

•  Maek  and  ex^tTuble  tU-fu^n, 
^tffjjt^od  PapiMa  ;  but  1  am  ^ure  it 
t  ifrt«i^  thai  Inr  (krisouer  ifi  so  doiu^ 
I  faftd  PnHdtanL  ^ 

ht  olijectA  to  I  heir  evidence  tliia  | 


A,  D,  1696*  [54 

lik'^vise,  Ihalt  if  tbey  be  p*j*ist<,  they  may  be 
absolved  by  the  pope,  or  their  pricsM,  tlhiiigli 
tbey  nboutd  linear  fiihely.     I^oasibly  tbnt  tnajf  I 
be  so,  for  ang-ht  I  know  ;  I  confes^^,  I  mn  not  I 
%ery   ^p\i  ait^uaintrd   with  tbe  prinripU-s 
thai  rVli(^on  t  but  ihi!¥  1  dure  say,  that  every  j 
one,  who  has  h€ard   \i'h»t  ha««  been  swiirn  by  j 
tbeni,  ivill  think  it  ftn  great  a  disserrice  to  tb«  ] 
popiii^h  i^use  and   interest,  th»t  it  will  be  ou#i 
of  the  lost  tilings  their  priests  will  ever  ab* 
solve  them  of, 

Uly   lord,  there  is  another  matter  the  \m* 
soner  has  thought  fit  to  in^iisl  upon  ;  Ke  hag 
broog^ht  two  or  three  elergvoifn  to   dtfitse^  J 
that  whenever  he   diseonrseil   ^  ith  them   (it  | 
seems  at  all  times)  he  was  talkitiir  about  fiein^ 
iu  a  plot,  and  ^ery  readily  told  m>  resjolution 
not  to  be  in  any.     It  seems  it  still  snaui  up«  j 
|>eniiost ;    hia    professions   were    made  very  ] 
cjiuscleiislv  :    for  they   all  say  nothinLr  jutro* 
dnced  therii ;  but  of 'bin  own' mere  mnliou  he  ] 
WU8  alwsvs  declaring  he  wa^  not  llien  in  a  plot, 
nor  ever'  would  he.     I    hove   heard,  thut  on©  j 
way,  weak  men   ami   chtldrt-n   often  dit»eover  . 
their  knowleilp^e  of  a  secrei  iiilrn»fied  io  thpm,  i 
is,  by  a  repeated  and   uunccetiHury  dcclartng'i  j 
that  they  know  nothinj^  of  the  matter. 

My  lord,  in  tbe  next  pbce  fur  \n*i  defence,  < 
he  itiEt  offered  a  point  ol  law  ;  Imt  I  be  r«*uri  so  j 
well  tjalisfied   him  in   that,   that   I  titiuk   ho  , 
waved  it.    He  alledg-ed^  that  a  Imre  conspti-aey  < 
to  levy  war  is  not  treason  ;  and  tht'  court  did  j 
him  nght  in  deelurtng  (as  tJod  forbid  but  they 
should)  that  it  h  not  treason  :  but   1  dtsi*e  lh#  ^ 
g-entlemen  of  the  jury  would  consider  ilitii  tho 
prisoner  at  the  bar  is  not  accused  barely  of^J 
CO n<t piracy  to  levy  war,  but  yon  are  told   to  < 
what  end  that  war  was  to  be-  feiied,  to  join  tho  i 
late  kind  upon  his  descent  into  this  kinplouf  ' 
witli  a  French   power,   ia  order  lo  drii^e  hit « 
iDuJesty   out  of  the  kin;»di>m,  and  lo  deposo  ! 
him  Irora  the  crotvn  ;    which  is  a  killing  bim 
in  the  eye  of  tlie  law  :  and  that  is  b i&(ti- trea- 
son»   by    whatever    mcuns  they    in  tended    to-  1 
effect  It;    wt»ciher  by  war,  or  a  slab|  or  any 
other  manner,  it  is  indifftTent 

In  the  n>'\t   pLice,    my   lord,   I    would   nofe 
take  nohce   fd'  another  pari   of  his   defence, 
which   had  bcuii   l^^tter  let  tilnne,  wherein  ho  | 
adnti(*»  iluit  he  was  prejient  at  the  two  ineeliny^ 
he  is  act  used  to  have  been  at  by   Porter  ;  but 
he  only  dtHei-s  in  one  point,  tint  there  was  no*  < 
ibluu;  ttilkt^l   then  but  u^rnerat  and   indifferent 
di>*courbe.     I'lie  witnesses   ha%e  swoni    what 
the  di«}CourHe  wns,  and  you  will  wetfi;h  the  one 
ai^ainstt  the  othH";     his  nlfirmntiou  «'t  a  ihiojj 
nnhkely  in  defence  of  tiiin»»elf,  aini  vvlinl  is  de-  < 
posed  oi>on  outli  by  the  king's  witnesses  to  the  1 
coiitniry.  ^  I 

My  lord,  there  is  one  thinif  more  I  wnuhl  j 
lake  notice  of,  and  Lh^t  is  ih*^  evultnee  o|  >|r. 
Bertham^  which  we  di>  ii«»t  produee  nsiiaihieet  1 
ewitlencc  yuanist  the  prisoner  :tt  ihe  Imr,  hot  af  j 
a  eoolirmulion  of  wh»t  was  swum  by    Blair. 
Aoil  kt   does  shew  tluU  the  uKitti'r  Hworn  hy  \ 
Hialr,  was  not  of  late   devised  out  of   nia« 
lice,  or  otlierwbe,  to  deairoy  the  prisoiier ; 


I 
I 
I 


I 
I 


65]  8  WILLIAM  IIL 

for  1  bat  Blair  acquainted  Bertham  frith,  and 
diiscaurHeU  tiira  atiout  Ihe  priticitMil  matters  of 
faci,  that  are  now  sworo,  at  Wast  l»o  years 
ttgtj;  diid  lK^»des  his  evidence  and  tbe  evi- 
d«fiice  ol  Bittir  concur  in  tbi^  particular,  that 
lie  was  i(i  lie  Keuteitant  in  Blair's  troop. 

My  lord,  such  &  coocurreucc  of  eTidcoce 
and  other  cirouinstauoes  iu  this  maltsr^  t^rpatly 
increr*se  the  wet^fht  of  the  pro<if  a^rist  the 
pi ihoiier,  especially  when  there  la  notliinf^  tiia- 
li-jiiil  ull«*tl^ed  by  him  in  bis  defence,  and 
therefore  1  shall  trouble  )our  lordship  do  fur* 
Iber. 

ii^C*J.  Holt.  Look  ye»  geolJemen  of  the 
jury.  «jr  ,loba  Freinrl,  the  pri^ouer  at  the  bar, 
i»  iiidtct^^d  iiir  hi^li  tre;ison.  The  trcastiti  thai 
IS  in«*rjttnDed  in  the  indictment  i»  ciHispirinn;^, 
c»tti;Ki«8in|^  and  irn^pning-  the  death  nnd  de- 
atinciiun  uf  ihe  kin;^.  To  prore  the  conspiracy 
and  desi^u  of  ihe  kind's  dt^ath,  there  are  two 
principal  overt-acN  thit  are  ni^iioty  insisted 
Upon,  The  one  n  the  eonsnltin^^  iiud  airreeing 
vith  d'vrrs  others  to  send  Mr.  Charntick  into 
Fiitiice  to  kio;;  J^mes,  to  desire  him  to  per- 
suade the  Frej»ch  kin^  to  sond  over  forces  here 
to  assist  them;  who  were  to  furnish  other 
forces  for  Iheraisni^'  of  a  war  within  tbis  kiu^- 
doni,  in  order  to  drj#oae  tbe  ktng^ :  and  ecvord- 
ingly  i\Ir,  Chai  uu*:k  was  s>^r»t  upon  that  de^igii. 
The  other  overt-uct  is  the  pri$on*?r'ji  bavioAf  a 
coinntiN»ion  from  the  tale  kin||,  and  prt>parm|r 
and  direelini^  men  l*>be  levretl,  and  U>  be  rea«ly 
to  he  in  a  reyimeni,  of  whnb  «tr  John  Frcrncl 
was  by  that  commission  to  iie  coUmel ;  and  this 
was  aiway«  to  assist  in  the  restitution  of  kln^ 
James,  and  in  order  thereunto  in  the  deposing 
and  exfujlsioii  of  king  William. 

These,  yinitit:nien»  (  tell  yoa»  ^rt  the  two 
overt -aci?i  that  are  priori piilly  insisted  npon  r 
and  lo  prove  sir  John  Freind' guilty  of  these 
ihere  are  two  witnesses  that  have  been  pro- 
duceil;  the  one  it)  explain  Porter,  whospeiJia 
to  the  tir^t,  the  other  is  captain  Blair,  «vho 
speaks  to  Ihe  second. 

Capi'iin  Porter  tellR  you,  Thai,  the  latter 
end  of  May,  or  the  bejfinninq- of  Jime  last,  he 
and  sir  John  Fix^ind,  nnd  othens  that  he  men- 
tioned,  were  at  the  Kint^^s-liead  tarern  in 
Leadenhnli'^lreet,  and  there  they  enteretl  into 
fi  disi^dui'se  abont  the  relomint^  of  the  late 
kin;^^  James ;  and  they  did  con«iid^r  anriooi*' 
iheiuMilves  w  hich  was  the  most  effectual  way, 
and  what  were  the  miftct  probable  means  m 
have  htm  rastored  :  and  tbereu|>on  it  was  agreed 
among  them,  that  they  woubl  send  a  messen- 
ger into  France  to  him,  to  dewire  him  that  he 
would  solicit  the  Frcocli  kinc  to  furnish  him 
with  jOjtKX)  men,  lo  Iw  sent  into  Eni^land, 
8,000  foot,  l,ODO  hoise,  iiud  1,000  draLjmins  ; 
and  ihey  did  agree,  that  when  these  forces 
were  sent,  consisting  of  this  number  of  men, 
then  Ihev  ^vould  bu  rendy  to  meet  and  join 
ilicin  uith  2,01/0  horse  :  every  one  of  them  was 
to  furmi*h  his  quota:  lo  which  sir  John  Freind 
did  es^ptessly  aj^ree.  Tiie  mes!i«!ni;er  tliat 
tliey  agreed  to  »«nd  was  mib  them  in  com- 
p;huyi  aud  iteard  tbe  cooitill^  ivliicii  was  Mr. 


Trial  0f  Sir  John  Freind, 

Charnock,  who  was  lately  tried  and  smce 
cute»l . 

This  being  at  that  tim<?  determiuefl, 
Cbarnock  intended  to  go  upon  theeitxntwn 
that  dt^igu,  and  made  ready  for  bis  |oi 
but  hefoie  he  went,  he  bad   u  desire  to 
witii  the  company  again,  and  Itare  a  f 
djscoun^e  upon  this  luatter,  losee  whether 
did   persevife  in    the  re&olutioo   tliey 
taken.     There  was  another  meeiiog 
week  or  a  ibrtnighl  after,  which  was 
Muuutjoy'fi,   a  tavern    in  8t.   James' 
wiiere  tiiet  sir  John  Freind,  capudo 
and  divers  others  of  the   company  t\ 
htlbre  at  the  King's- head.     And 
entered  into  a  delmie  of  the  matter  again 
quesiion  there  wai,  Hbetber  Mr.   C" 
should  be  sent  into  France,  as  it  was  t 
agn^d  ?  And  there  it  was  agntu   iletej 
he  sboulil  go  ;  to  which  beugrved  ;  ao4 
tarn  Porter  says,  that  be  dtd  go  about 
three  days  alter. 

31  r.  P'i  rtec  tells  yon  farther.  That  about 

time  th  it  Mr.  Charnock  CHmelNtck,  Mr  '^ 

was  in  prison,  and  be  did  oi^t  see  Inm  Uf 

^rst  return,  bnt  iif  4  rvinrds  he  met  and 

with  him,  and  ask<^  hou  whHt  nus  the  effi 

of  bis  negotiation  ?    And    ftlr«   Charndck  1 

bioi,  that  lie  bad  done:oi  he  was  dir*el«d;  1 

he  had  been   wtth    kiu^  James,  aod   li«  1 

spoke  to  the  FnAocli  kiiuj ;  hut  U%**  iiusw«rr 

turned  was  this.  That  the  French  kmi;  bud 

casion  for  liis  force?*  that  year  to  lie  oihfrwai 

employed,  imfl  therr:fc»re  he  could  tiot  aHi 

i  siich  a  number  of  men  thut  year;  and  I 

j  Portfr  asked  him  wbeiher  he  btui 

I  the  rest  of  the  gentlemen,  ami  urH|UAmiMt  tlw 

I  liierewith  r  And   he  said  lie  had.     lhi*»t«t 

substance  of  Mr.  Porter's  evidi  uce  ;  where! 

you  may  perceive  what  tbe  meetings  *»ere  ^ 

what  resotulions  were  there  taking,  and  wf 

waaithe  issue  and  effect  of  them. 

The  next  witne*iK  is  rapl^iin  Blair;  and  I 
evidence  giHJs  to  the  other  part,  that  is,  to 
John  Freiud's  having  a  conmnssion  trom  I 
late  king  James,  uiiil  engairing  him  and 
lo  be  in  his  regiment,  vi  liereof  sir  J  ohn  waa 
de  colonel,  and  the  providing  of  otHcers*  Jy 
'  for  that  the  evidence  siUndf^  ms  t 

Captain  Bt^iriellMye,  ih«l  about  two  orthi 

Jr'ejsrs  ago,  be  was  with  sir  Joht«  Freind  at  I 
odi^ings  in  8nri*ey -street,  and  there  be  il 
Sirnduce  a  commisKiun  tbut  be  had  from  ku 
Fames  to  be  colonel  of  n  regiment  of  bora 
be  was  to  raise  it  himself,  and  w;ls  to  apj>oi 
Htid  provide  what  officer  he  thi»UL;ht  lit.  I 
says,  he  read  tbeciminiitision,  and  it  was  sigl 
ed  at  the  top  James  Hex,  and  countersigned  | 
tbe  bottom  ilellbrt ;  this  he  is  posiiif  e  in  ; 
lurtber,  that  sir  Jofm  Freind  did  pmnnse 
he  should  be  lieutenant  colonel  ot  this  regitii 
and  aUo  tlint  cootain  Blair  viould  get  as  ci 
men  as  he  could ;  and  that  there  wore 
officers  that  were  appoinieil  in  that  ri 
and  particularly  one  Fisher  was  brought 
!;ir  John  Freind  by  captain  Blair,  to  be 
first  oaptatu^  aiul  one  colonel  Slater,  wiio.i 


IhnBiiiotlier 


for  High  Treason. 

I  b  imroitr  with  sir  John  Freind,  wss,  ta 
er  Ueuieoant- colonel ;  fori  t^id 
mmAt  I  liafe  »  luiml  to  bini  to  be 
■nl-CiiUine),  and  though  you  are  m 
Irt  is  no  i natter  if  we  ha%e  two  in  this 
t;  at  wliicli  Blair  look  ?ery  great  of- 
md  expresaad  as  much  io  sir  John 
I;  wliereu|)Oti  sir  Johu  Freind  iM  Uim^ 
1  Dot  be  9iH  hut  said  he  would  make 
provitioa  for  Mr.  8later ;  that  he 
I  be  It  ca{itiiia  of  im  independent  tniopt 
boutd  be  composed  of  noo -swearing  pai- 
,  and  tb«t  frhall  satisfy  him. 
And  sir  Jotiii  Frfiiid  4id  intrust  caplain 
lair  Kith  the  {vrov.thng  of  men,  and  managing 
f  lbein«  And  cav'tuiu  Bbir  tells'you,  he  was 
iA|^f«ai  de^l  fd  cUiirge,  and  bid  out  direrse 
imt»  cure»«  theui,  and  keep  Ihein  together  ; 
li  imiimifr  inotiey  (o  procped  in  that  aOair, 
ICMOM  Io  lir  John  Fi  find»  and  tuade  great 
iliAi  ii{'  ivBUied  money  to  carry  nu 
^in^  the  men  to  kwp  Io* 
<j  |>ress**d  wr  .John  Fi'^ind 
tolMMrii  turn  %viih  mme  money;  says  lir 
Ml,  There  is  lUO/.  due  Io  me,  beeau>^'  i  kid 
b«B  loot  lo  tun  he?  the  escape  of  colonel 
Fiji^otk  lias  receif  cil  it,  and  hail 
i  to  pity  It  me,  but  I  cannot  yet  ^et  it, 
11  bave  Wl'  «»ut  of  that  iOOi.  it  you 
unlit.  WeU,  buthow  ia  that  20L  to  be 
m^f  It  acems  there  was  one  HamKoa  or 
tkmam^  prmt^  who  had  some  inter^t  to 
.  and  he  was  to  htJp  hun  to  it  ; 
tUt*  20L  was  aetuatly  paid  the 
of  June  or  ibe  beginning  ot  Jvily 
ttO/.  be  swedirs  he  did  receive  npou 
bv  the  direction  of  s^ir  irdiu 
•a  employed  af  you  have  been 

BJair  had  occasion  for  more 
t  was  Home  time  after  I^liehat4niAJ 
wuh  lo  be  emjilityed  as  the  t-umier 
nI  hf  was  verv  tiupurtunate  to  ohtiuii  it 
r  Jono  Freind:  at  Uutj^ih  he  did  obtain  it, 
>  you,  and  the  manner  how.  He  pro- 
iltfttW  under  sir  Jolin  Freind'sown  haiid^ 
Hjimiit  Io  be  MO  ati^wei'  to  a  tetter  thut 
,  Blair  bad  «»eui  ui  turn  betore,  he  thiuku 
IJ^bebta  own  hand,  lor  he  in accjuainttd  with 
!■  baud- writing.  B<it  that  is  nat  all  to 
intf  it  hi%  band  I  lor  the  eoiuents  of  the  letter 
it  IMnarkable,  which  are  about  the  payiueul 
iwrnomy  U*  BKttr  :  The  ktler  bears  dale  on  a 
racdU^  mcirumgfi  aud  is  directed  to  captain 
Unr;  and  a  porter  hroug^ht  it,  as  he  tlnnks^ 
I  bai  buuse;  and  ihetaby  it  waa  ai»p<itoled 
bailiiax  abould  meet  on  Thursday  next  a!  Jo- 
■lbia*a  coffee- bouse  about  the  hoor  «d  tnelf  e. 
M  a0eonliii|fly  captain  Btair  came  U\  Ju- 
ItfdHa*^  eutfee^bou^e,  where  be  aecoidiistrly 
Mbaiitliair  ioba  Freind,  aad  there  waa  Har- 
iMVlbe  priest^  audPigi^ott,  and  (here  he  does 
latiiv^  a ftiin  t»f  monuy  upon  the  same  uccouni : 
bllMi  iKiw  ibe  proi^t  of  tiii^  leitar  doei^  not 
k  barely  u|m»q  the  knowledge  of  the  band, 
cOQbaiiS  of  It ;  and  the  subsequent 
tiae  aud  place  ateatiooed  in 


A.D.  1690. 


[58 


ibe  letter,  is  a  great  evidence  that  it  was  tir 
JoJin  Freind'a  band  writing',  and  more  monej 
is  proved  to  be  actually  paid  in  I  he  presence 
of  sir  John  Fretnd,  which  h  the  most  ma- 
terial part  of  the  evidence.  And  you  are  told 
further,  that  as  sir  John  Freind  and  captain 
Blair  were  g^^ing  together  in  a  coach,  from 
Jotiaf ban's  coflfec- house  to  8l.  MartiLi's-te- 
grand,  there  was  a  discourse  betwet-n  them  : 
and  sir  John  Freind  said,  For  his  part  he  would 
not  stir  till  auch  lime  as  tlie  Toulon  fleet  waa 
come  about,  and  joined  with  the  Brest  fleet. 
That  he  did  think  he  waa  in  dan^^er  of  being 
apprehended  wlieo  it  came  about,  and  therefore 
captiiiu  Blair  was  tosculk  tdl  then,  a&he  himself 
lold  him  he  would  do^  but  yet  be  should  get 
what  men  he  could.  Aud  this  is  a  great  ar- 
gument of  Uh  he'inft  concerned  in  the  iniended 
invAiiion,  and  that  hi  si  making  prL'paration  for 
hijs  reuim'  01  bad  relsvlioii  lo  the  French  tuva- 
sion  which  was  ex|H>cted. 

It  seemp,  two  ye;irs  ai(o,  there  being-  a  great 
intimacy  between  Blair  and  m*  John  Freind 
as  appears  by  all  the  evidence.  Blair  waa  ac* 
quaiint&il  with  this  desij^n.  For  you  are  fold 
of  the  letter  that  was  writ  by  him  to  king 
JameSf  which  he  shewed  lo  captaiu  Blair,  >md 
it  wan  ccmceming  bis  reg'icneut;  he  say»,  ihnt 
sir  John  Freind  owned  he  writ  ibal  letter  him- 
scll'«  that  Bhir  did  read  the  letter,  and  finding 
it  sfi  well  penned,  he  said  that  he  thou^^ht  Fer- 
guson had  a  hand  in  it,  at  which,  air  John 
I  Freind  w  as  angry  ;  but  tllair  says,  the  letter 
was  coijcenilng  the*  re|fiment  of  which  sir  Jobu 
Frt-Jiid  w&n  colonel. 

Tlinn,  tjemlemcfi,  you  liave  Bertbam  called 
to  prove^  that  Bluir  did  tell  him,  that  he  was 
lo  be  hi."*  lieutenant  colonel,  which  was  long 
beltire  there  were  any  thoughts  of  any  disco- 
very of  Ibis  iutendeil  invasion,  and  hetore  the 
dit^overy  'd'  the  plot  of  assassiiitttion,  which 
&ir  John  Freind  <tid  own  he  had  some  know- 
ledge of,  hot  he  disliked  it»  aud  said  it  would 
ruin  king  Jameses  aflbirs.  8o  that,  gentlemen, 
1  think  thiii  h  the  mim  and  substance  of  the 
evidence  that  baa  been  given  upon  this  occa< 
sion  against  nir  John  Freind,  to  iiiddce  you  to 
|jelii_'V€'  him  U»  be  gudiy  of  tkils  crime  witb 
which  lie  now  stands  charge  d. 

But  uow  ^ou  are  to  consifler  what  sir  John 
Friend  aays  on  hehaif  of  hunscif  In  the 
tirsi  place,  be  makes  an  obje<Liion  against  ihe 
cvedit  of  all  these  witneHsen,  that  ihcy  are  not 
to  be  believed,  bi?cause,  says  be^  Uiey  are  known 
or  reputed  to  he  lloman  t'atbolics  and  Papists, 
and  their  consciences  and  their  oaths  are  large, 
eiipeciiilly  wbeo  they  think  they  can  do  an  in- 
jury to  any  Protestant ;  and  therefore  they 
arc  pot  to  be  allowed  a^  witnesses,  at  least 
their  credit  Ls  not  sufficient  to  induce  a  jury 
to  believe  them.  At  first  indeed,  he  urged 
there  was  a  statute  and  u  law  that  did  disable 
them  from  being  w  itnesses  i  but  J  must  tell 
you  there  is  no  such  slalttle,  nar  indeed  is  tbeir 
being  PApiats  any  dimiuution  at  all  to  tbe  Cf«- 
dit  c7  tbeir  testimony  :  (For  Papists  are  legal 
witaeMeSi  aad  IbougU  there  wee  «tti4^t«  W>aa  U> 


59]  8  WILUAM  lU. 

pvniih  tbcm  for  thtir  wn-cookftmiij  m  the  , 
roorrii  of  EaglaBd,  and  for  other  their  IVipah 
pnctios ;  ycc  1  kaov  of  w>  law  that  readcn 

F^  ¥o«  are  I6  cocsider  Pm^om  are  ChrirtiaBB, 
r  hj  the  noae  oraa^rehrti  that  IVo- 
K«io;   and  aa for  that supfoait>M.  that 
ihov  look  opoa  Prptiitana  aa  Heretics,  and 

yadhffwuina  &r  aaj  oaifas  that  the j 
L  them  ;  you  are  to  coMier,  as  It 
hm  Terr  weA'ehserreii  by  the  Hag's 
cottDJol,  that  ^ey  are  Defer  lilce*io  okaia  aaf 
dhyeiiiiitinn  or  parcSoo.  if  they  iboiJd  Amvear  : 
«ht«uel«es  to  Meat  the  dedlps  of  the  B9pah 
faity  ;  aad  tlMTctore  it  b  a  very  iaeoasii&erabie 
•hfcvtiea,  a»«i  in  lav  case  haih'no  «e'^t. 

But  liiea  ue  doei  isscat  open  is,  that  ca{)taiD 
BSasr  &»  so:  u  be  teiMf^  ;  aa*!  there  are  two 
ohtetUMi^  he  gtokes  against  him.  Fkrst,  that 
he  j^  deoy  that  he  knew  aay  ihioir  of  the  ploc 
For  Biair'beia^  npca  thia* 
friaaaer  «>  the  Cue-hovae,  aai  aAerwanlsv 
^paa  a  liisuwuse  of  oook  news  m  the  flriac- 
whoeiD  it  was  menfawieU  that  captab 
hid  cfium.ll  all.  «»i  ataie  a  Mi  di>- 
aaJ  thereupon  he  4waU  ot.  he  was 
t  of  the  piM.  awl  knew  toidw;  of  iL 
Yob.  feaarwea,  or  to  esaoder  the  weight  of 
^hai  uOyecco^  Fim.  sa^vmr  he  had  nai  so. 
ii  toiiCtH  be.  he  vaa  bm  wiLac  <»  be  «^s  not 
obhtred  to  owm  ic.  and  vooU  w<  cimaesa  ii  u 
that  dtocukito  thoKe  DersBOS.  Ik  «as  boc 
hia  iaceresc  aaii  Tnalersce  to  be  too  opea  ;  asJ 
•hezefrjcf  ii  'i'sesairc  fxiifv.  6ct  ^lecause  a  baq 
«oa.«£  QfK  STTLsc  tjc-frs  t*^  bs  cJOAfSKea.  bat 
deaiKii  ajs>  £:o«ie<i^  qix  p^*::  vjmo  -jHfre  vw  !io 
orm&'.a  f*:-r  •.•n  r>  ow^  it.  s^itf  3ow  li^;  *wexr^ 
it  pcRU'Vtf.ji.  :-<r«ftH>r  he  iixou.a  swear  Tii»*i\r. 

Cir  toe  «Li<:ioL::p:a  .-r  CiZiirse/.  aa*i  iji  te»- 
Bxai>«iy.  cjtf  ajcn  u*  oiiiix  -jei-idrw*:  :>  ^«u. 
that  3<  on  a<K  &1V  &^  K3ew  9'^  j^v  :iif  Hc  c:' 
the  3i':c.  a*ic  ;.'i  Ccn  liiv  eoa«:er^  t.  jc  ajiuw- 

fe  mii-2  «r  J.. .-a  r  .-ein*!  j*  u-jifX.  i*  »»c:^c 
heM%'  1  j*^  ui  t::^*  •ft:si;£neo  as8a>t>uM&*'j.  set 
of  a  aeii;ri  w-.^^  »Mve  >i  'topuiM  '^tf  a:q£.  joti 
MRurs  kiA^f  Jauies. 

Ften    »  ai  L3tf  -jcier  ancasr  :ii3C  wjo  o^^ 

Siac  i«  •'n.Jd  u»  'ijocaua  Bsair^  ciukiiiwr.  aoti 
mrk  3.ir:!-f  t  i.;*  >nac  a*  Se  a  warh?**  jc 
H.ini:<  s-ixi  ue  i".n  ton*,  lai  said.  1  x^i  God 
lirrff:?  -  -m  ;  uii  j«  ny*  w  v^.  lil*:!!  prmmc 
nut  z  ^T-fci  api^-c  3i»  csBiciHaL-v.  iizd  le 
■am  '  «i  K  ji  v^ry  JTvv  crjOMe  a^oi£C  ic, 
aoit  i^ici  -9  jQiTCj.  L>ic  ]u«  vjyiin  Biair 
OAonasaL  ^isiii^  esLinixt^i  i?mc  lii.-«  cocft.  >bws 
tirs '-  soMiioe'y.  nui  za.>r-  m  «Hr  «.m  am  lay 
WM.v':  ma^  ij  zijz  t  w  .*  n^  't  bis  ova> 
■r.cace  H<f  iay^  ixac  .4«i^«avy  ^  j<  n  to  am 
-•-  ]}iiiL.  Jai  J<  ■«■  w  io-ftre 
>:i:::^  li  baev  bi^toanx  K«e 
le  i^ite  nriMiMao  to  ne 
if  iwean;  toiKto* 
vuh;  ami  Hr. 


7ns/  //Sir  JcJfai  Jrend; 


Beside*, geotlenBea, yoa  aretoi 
probabiLty  of  that  which  Mr.  Courtney  a 
When  m  aiaa  is  to  be  m  witneaa  the  next 
npcto  a  bill  of  indjcfent  bdbre  a  prand. 
that  he  should  be  so  itoiiscieeC*  as  to  lej 
bad  J  he  was  goin^  to  swear  against  hia 
^cie^l^e.  b  stnc^  aad  very  iiaafowiw 
Yo«  are  thciefoie  to  rniiiirtiFr  of  this  ^ 
matter,  what  evidence  ca^icziB  Blair  has  g 
aad  the  iapait  of  ii,  aad  the  wci^  asi 
dtoility  of  that  evidence  which  is  pvea  9§ 


Then  air  John  Freind 
aaatier :  Says  he,  I  am  a 
nat  GkelT  that  I  tbntama 


an  9V7->^if  !u  «ur'j<' 
af  ir.nd  a.«  iBinCi^ 
fas  ml 


lor  tbnt  he  hoa  called  e%ht 
TontherhBre' 


ftefBeatly  taumatd  with  him. 
he  was  ever  piipaihly  i 
they  have  been  fn^iBitfti  ia'h&i  com 
sinee  the  Revc'miBB,  sBd  they  never  kar^ 
ataar  tiaaeheulbuUBd  Bfon  the  ^ooeimi 
■ay.  1  thiak  one  mid.  thai  once  he  did  ro 
a  man  libr  taOuac  — liimiily  at  the  pi 
meat ;  that  he  »ed  CMSCutf  y  to  ^o  to  c^ 
t\Mr  or  lire  yean  ago  ^thoogh  there  is  i 
coont  Of  that  anee  •  Aad  partienJaitv 
ii  sne  Mr.  Laipam  that  was  hm  rhiplim 
hetefla  yeo  bewaoia  biaboiHe:  aodlfat 
rend  the*  cvoimoa- prayer  in  the  tsmily 
the  Rrroiu&oo.  atai  prayei  tor  the  kiae- to 
!iice  ^oeen.  aaJ  nr  Joda  Frcuad  w^f  eiftm 
seac  as  the  pnycrk.  aad  ponicTikLriy  whi 
prayed  tjr  tse  {rmeiit  kaac.  aa-l  the 
(^i:«<Ki :  bet  ce  sajs  he  ^uxnaisit'  hx»  be^  ] 
th^fn.v  S7e  i«ars».'aAi  b-to  jcen  iioae  confo 
wi;:>  2ini  HM. 

Tcere  2f  aobUier  w'.tiesa  toils  yoo.  he 
betnx  ^  >.r  J-*Qn  Fcvisd'y  ctiiiig>*a«  iL-versB 
m-3it7*ji  ih*  3eii<vc4W  3e  a  FtniceaciBa  ol 
chc-v^i  vf  Eii^asa.  asti  ham  aad  a  diie 
CMjicvru.u^  u«  Trvseoc  x^veraowat :  am 
siT  Jjit3  fc'mod  «Lti.  iiA.li  liiiM^ra  be  coal 
a.<e  3e  MiOd^  iu«i  :3c  kov  cuoiiirai  to  thi 
v^rninefu.  y^  be  *  is  -e^  t*«*l  '.o  hve  ^ 
aacer  :c  ;  ia<i  w<*4  ii  jcc  tuiruce  .a  aay  bb 
oc  pri*c  pV  be  ijtjc  onccifaM  a  m  ^  \he 

«iM«iia  JHl  Site  iB  i!M  'HhiCtj*. 

Tbj«  »  ne  turn  *aa  MObCUKv  rf  the 
deace  la  buch  ^niies :  aon  voo.  ;fvaik 
jrv  ir»  cvaaMiier  to*  •  i\zn£  'ti  txs  port  « 
defeiice  tLt?.  votftaer  is  je  a  4u&*:eut  as 
to  L-ie  ev.ueo.-tf  scivm  j|^imsi«  i.iU,  aat 
wai(rSc  «n:iia^  ai  jtifr-aoi-anof  wniU  the 
3KtfM»  Sir  wi«  JL:*?^  3a*;;  $«'Mn  '  F<K  a«£b 
be  TO  a  ftV^esfciiic  ^«fc  :c  »  Ti-oin  be  h 
i^nnL:  o^tibc  a>  tr^  ^j«mm<a& :  jnd  rtiec 
wvu;d  auc  Kike  ;3e  4«U2o  :  aoii  ci^Mi^  bi 
preMrac  »  the  coujomo  ?ra%«r.^  w^a  the 
jo«i  iiiarvo-  were  pra^tAi  air.  y<t  wbetto 
90iD*4  a  tiawo  iirat«r»  to  niry  aac-e 
^fVmran!  a  <nraB  3nm« .  wno  see  nuc  «cr^ 
adevaeil  to  the  prmoac*^o«e 


ba  a  lars 


>1 


for  High  Tii 


JL  D.  1696* 


^if  j<ii  nti)«r  liny  ITS  for  the  present  ^o- 

\  pMWM  Ar  t-rt :  \uh  nmnrU  iic:'  lluit  fscru^ile^ 
tttt^af  that   too; 

^0  wkmh  i;   tt  Pro- 

MWrifti  (ie  in 

•  linkii  re  he 

tmm  If  ttal  Ltnd  »botitii  ditcrmUt  these  Yvit- 
»MMsM  fiifi'  iMUfii  bp  hti8  bct-n  j$o  much 
r«BMJ  In  ft  Ptot.  y<m  ttrtr  to  CfJUHitler ;  atid 
CWfHV  ''  -nil  uAturc  of  the  ovi- 

iiMli  \  ih« other,  it  must  lie 

lM#jMr  «M[MrT|iM    .11111(1. 

Ha  the?  ti  Aiifiher  thing  that  he  <hd  in- 

fti  ipB,  Ufd  that  tti  maittir  iif  law.     Tht^ 

MMi^  tif  IMli  ¥J,  3,  was  read,  which    is 

^paimiatf  %hm\  trc£i«cms  ;  und  that  does 

■  liTRstfiecieM  of  ireitfiOii,  and  declares 

M  W  tms4»ti.     One  treason   is   the 

ami  ioiaginint^   tlte  de&^b  of  the 

il  thr  leryinjf   of  war :   Now, 

iW«f  it  no  war  aclonlly  levied  ;  and  a 

K-y  or  tlf&jgn  to  Wvy  war  does  not 

lilt  la»»  aijainst  trenson.     No^v 

mmi  I**!!  you,  if  there  be  only  a 

wsr,  it  is  not  treo^n :  bcil 

^lirf«i»f»irory  he  either  to  kill  the 

ihinu  or  iitifjriftou  him,  or  put 

upon  him,  and  the  way 

^aff^fCtiDg  of  these,  is  by  levy* 

^^t  tficT^  the  coii*?oltation,    and   the 

,     ,  ^  Ir? J  a  **ar  for  that  purpose,  ia 

Ifl^lniidct,  ihouuh  no  war  be  levied  :  For 

■^QBultufnn  Nud  cou!<piracy  is  an  o?ert- 

tapmit^  t\^  lompiii^ing^  the  death  of  tlie 

^*»W4«ih«<  firm   treH-suo  meittiiiuod  in 

^mmnl  tiic  S5ih  of  Ed,  3.     For  the 

J^^'AsttaUiic  are  ;  •  That  if  any  man 

f^,^^f^  *^^  imagine  the  death   of  the 

fy-' .  «w»  bmuii<'  H  UMU  ilesijfUR  the  death, 

^^^^  *■  drjtructioii  of  the  kinff,  and  to 

J"^fu»  •§fr«o  and  consults  to  levy  war^ 

not  be  high 'treason,  if  a  war 

liyWvbd,  1*1  u  very  str&tige  doctrine, 

-  ^  haa  aiwiiys  Iteeti   iield   to  he 

TWnnwiy  be  a  wwr  levied  without  any 

Lti.tr'*  ofrson^  or  endan^ritig 

U'vicil  is  high-trea- 

;;  f}  levy  war,  with- 

rson*     Aji  for  exain- 

J  I  hie  themselves,  and 

o  to  unine  bw,  which 

and  hope  thereby  to 

Icvyiuff  a  war  *and 

>^  and  d(*«ii|^ning  it  is 

iM>rii   iiiij    eiideavfjor  tti   great 

*lli«QK  iHlk  focce  lo  pull  down  all  in* 
l»  tXpel  atrmngers,  to  pull  down 
|r*^****i  !■  Inrytiigvf  wnr,  and  treason: 
l^t  purpgtHDjS  aod  de^iq^iiinrr  to  raise 
It  imttt  Utr  tiseb  »  ptirpoisc,  tk  not  trem- 
St^tm  feffttrr  Edition.  As  to  th  is,  wne 
isCIVMir  ^rt>ih\i  t  rihd  olln  t,  if:^  jJiis 


ruurn  III 


numbera  with  fi>rce  to  inake^oine  reforraation  of 
their  own  heads,  without  pursuing  the  methods 
of  til*  law,  that  is  a  levying:  of  war,  and  trea- 
son, but  the  purposing  and  designing  it  is  not  ao. 

But  if  there  be,  oi*  I  told  yoti,  »  purpose  and 
dei«i!{n  (o  (leittroy  the  kioj^,  and  to  depose  hiui 
from  his  throne,  or  to  restrain  hitn,  or  hava 
ixny  power  over  him,  which  is  proposied  or  de- 
signed lo  be  effected  by  war  tliat  is  to  be  levied, 
sneh  a  coD»pirar\  and  eonRuhatioir  to  levy 
war,  for  the  bringing  this  to  pa^,  is  an  overt- 
act  of  high -treason.  So  that,  fTPotleQien,  a< 
to  ihai  objection,  that  he  makes  in  point  of 
law,  it  is  of  no  force,  if  there  be  evidence  suf- 
(icietitto  convince  you,  that  he  did  conspire  to 
levy  war  for  such  an  end.* 

Gentlemen,  the  evidence  you  hsvo  heard 
what  it  is,  you  may  consider  the  weight  of  it, 
iind  the  eireumstances  that  do  attend  it ;  and 
likewise  the  answers  that  have  been  given  by 
the  prisoner  to  invalidate  that  evidence,  and  to 
prove  the  improbahi!itj  of  what  they  have  tes- 
tified against  him.  You  have  heard,  I  say, 
the  evidence  on  the  one  side^  and  on  the  other  ; 
If  you  are  not  satisfied,  that  what  the  witnesset 
have  sworn  is  true,  that  sir  John  Freind  did 
engage  in  such  a  detii^n  for  such  a  purpose, 
then  you  are  to  acquit  him  ;  but  on  the  other 
side,  if  you  believe  that  sir  Joint  Freiud  is 
guilty  of  what  the  witnesses  have  deposed 
against  him,  then  you  are  to  find  him  Guilty. 

Juryman^  My  hinl,  we  desire  we  may  have 
that  letter  with  ns  that  was  produced  here. 

L  C,  J,  No,  00,  you  cannot  have  it  by  law* 

Juryrrtan,  Alay  it  not  be  \ci\  with  the  Ibre- 
inan,  my  lord  ? 

L.  C.  J.  No  I  btit  you  may  look  ytmn  it  in 
court  before  you  go  away,  if  you  wilL 

Then  the  Lctier  was  handed  to  the  Jury, 
and  one  of  them  banded  it  to  the  prisoner. 

L.  C^  J.  ^by  do  you  do  so?  Yon  should 
not  give  the  prisoner  the  latter* 

Jurytnan,  It  was  done  to  see  whether  it  was 
ht«  hand  ;  and  we  desire,  if  there  be  any  Inidy 
here  that  knows  his  hand  writing,  or  that 
saw  him  write  it,  inav  he  prtiduced. 

L.  C,  J,  Why  ?  iJiil  not  be  own  the  letter 
to  the  witness  atteruants?  It  was  &wom  to  you 
he  did  ;  and  that  he  met  according  to  the  ap- 
pointment in  ttie  letter,  and  thai  money  was 
paid. 

Then  the  Jury  withdrew  to  conBidei  of  their 


I 


*  As  to  this  matter^  see  East*i:  t^leas  of  the 
Crown,  chap.  «,  sect.  9,  and  the  Stat.  :i6  G.  3, 
c,  7,  i.  36,  The  doctrine  of  ro untrue tive  Trea- 
son  is  much  agitated  in  numerous  cases  in  thi« 
Work.  8ee,  in  particular,  the  Case  of  lord 
Russell,  vol.  9,  p.  577,  and  the  discussions  to 
which  it  gave  rise,  voL  9,  p.  605^  et  teq.  i  the 
Case  of  lord  George  Gordon,  k.D,  1780,  and 
those  of  Hardy  and  liorne  Tooke,  a.  Dr  1704. 
See»  also,  Mr,  Luders^s  Co  odd  c  rations  on  thf 
Law  of  High  TrMson  ^  the  articU  of  Levying 
War* 


swnjUAMm. 


Mr.CUrk.  Here    {Mud  m  id  a  ike  T9A 

ymtrfef4ttt?'-~Jufy,  Yes, 
CLifArr.   WIm»  OmQ  Mj  fcr  jMi  ? 
Jarfjf,    ihir  fmrtrnm. 

a.  t^Arr.  ¥k  iolm  Fmid,  Md  m  A j 
hMi,  (wlndb  Im  my  Look  apoB  llw  piv 
•ODcr ;  bow  «iy  ye,  w  Im  Ctaihjr  of  ilw  kifli- 
tMMon  wb«roof  be  ttoadf  biftrttd,  or  flol 


ChifHy  f— Fot^mmh.   Guilty,  wy  lord. 

CL  if  Art.     Wbol  foo£  or  aMttd 
«r  tciMflM!ffit«  hul  be  01  Ibr  tiae  of  the  bigfe- 
irtawo  comoistted,  or  al  aov  tisM noef 

IbrMMn.    None,  tooor  kaoirlcdge. 

X.  C  X    Jaikir,  look  to  bhn,  bo  it  I 
0vil^  of  bi(|[fa-tretflM* 

CCofArr,  Tbeo  bearken  to  your  venKcf 
m  the  oourl  bae  reeorded  h.    Yoo  aay  thai  «r 


Ci.tfArr.    Crycr^i 

Cfjprr.   Oyex,  oycx*  eyes'!  Aft  bmoi 

noM  tbat  bof  e  ai^  dnajf  BHiir  10  do, ) 

idTerariacr,  balde*  ler  ibe  city  of  Lei 
awlGool-detiveryofNcwiiatp.  bnlim  Ji 
dtj  of  Lnmim  md  ceaaty  of  M iddlcoes, 
for  tbie  tiaie,  aod  ^re  tbc 


fCfCB  o^cbck ;  aad  God  Mve  tbeKin^. 


TbcD  tbe  prvoaer  was  carried  back  to 
gale,  aad  «rai  breugfat  tbe  aeit  day  to  t^ 
to  oiirr  what  be  bad  to  eay  tor  ttay  of 
;   aad  afleiaaida  leoeived  eeatei 


aaatraUor. 


385.  Tbe  Trial  of  Sir  William  Pabktns,  knt  at  the  Old-Ba 
for  High  Treason:  8  William  IIL  a.d.  1696.* 

Then  tbe  Jory  that  were  retoroed  in  th 
nel  were  all  called  orer,  aod  the  appem 
of  thoae  who  aaswered  to  the  call  we 
corded. 

Aboat  ten  of  the  clock  tbe  Judges,  (ti 
tbe  Lord  Chief  Jnetice  Holt,  the  Lord 
Justice  Treby,  and  Mr.  Justice  Rokeby, 
into  the  court. 


Tuaday,  March  24, 1696. 

ThM  day  the  Trial  of  Sir  WUltam  IHtfkypa, 
knt.  came  on  at  the  Sessions- House,-  Old* 
Bailey,  fnr  II iaii -Treason. 

CL  of  the  Ar.  Cryer,  make  Proclamation. 

Crygr,  O  ves,  O  yes,  O  ytM.  All  manner 
•f  porsoni  that  hare  any  thing  more  to  du  at 
tilils  general  sessions  of  the  peace,  sess^ns  of 
Oyer  and  I'erminer,  holden  for  the  City  of 
London ;  and  Gaol -delirery  of  Newgate  holden 
Ibr  the  City  of  liondon  and  county  of  Middle- 
■ex,  and  were  adjourned  orer  to  this  day,  draw 
near,  aod  gire  your  attendance,  tor  now  they 
will  preeeed  to  tbe  Pleas  of  the  Crown  for  the 
eetM  oHy  and  county :  and  God  sa?e  tbe 
King. 

C7.  fifAr.  Middlesex.  Cryer,  make  pro- 
datnation. 

Crver.  O  yes,  You  good  men  of  the  county 
of  Middlesex,  summou<Hl  to  appear  here  this 
day,  to  try  between  our  sorereign  Lord  the 
kkig,  and  tbe  prisoner  that  shall  be  at  the  bar, 
tnswor  to  your  names  as  you  shall  be  called, 
^try  man  at  the  fint  call,  upon  pain  and  peril 
shallfbll  tberetipon. 
^ ■ '  ■'  ■  '  ■ 

*  See  Kaat's  Pleas  of  the  Crown,  chap.  9, 
■eot.  8,  9,  and  tbe  autborities  there  cited.  8i*e 
toOi  in  this  Collectioii,  tlie  cases  of  sir  Henry 
fane,  vol.  6,  p.  1 10»  of  Messenger  and  otiiers, 
t«lO»  p.  aro  { of  Wbitobread  and  othera,  vol.  7, 
1^.  till  of  bummmm and otbai»»A. p. ITIO, 
Mdof  l>oiooii,a.D«  UiC. 


CL  cfAr.  Set  ab  William  Phrkrns 
bar.  r  Which  was  done.)  Sir  Wittiam 
kyns,  hold  up  thy  hand. 

Parkynt.  My  lord,  if  you  please,  I  h 
beg  tbe  favour  of  one  word  hefore  I  a 
raigned.  My  wife  cominsr  to  see  me 
distress,  sent  up  a  trunk  of  lioen  for  oi 
and  the  sheriflTs  of  London  hare  seized 
do  detain  it.  It  has  linen  in  it,  and  all  I 
oessary  things,  and  all  things  havo  bee 
from  me,  since  I  was  appre4ieuded,  but  ^ 
there;  I  have  nothing  to  siihsitt  upon  bu 
is  there ;  for  no  money  can  I  get  from  anj 
nobody  will  pay  us  afarthiiig. 

Mr.  Sheriff  iBuckingham.  My  lord,  w 
sent  for  to  Mr.  Secretory  Trumball's 
and  when  we  came  there,  there  was  f 
that  had  been  seized,  as  belonging  to  s 
liam  Parkyns ;  and  when  we  came  th 
was  opened,  and  there  was  in  it  some  he 
linen,  end  some  plate,  and  Mr.  Sei 
Trumball  waa  ideased,  afler  having  se 
the  trunk,  to  seal  it  up,  and  deliver  it 
brother  and  me,  to  be  xopt ;  and  this  is 
know  of  it. 


JiifT  High  TriUMftu 
Wbere  wts  ibis  trunk 

W«  fouM  if  iu  the  secre- 
'  It  mmm  ilelivfivfl  to  UiS  tliere, 
^e  «  rerr«^  fof  it  to  \mit^  it  duwti 
I  rm^led  ^ir  i  y^  cfid  not  \kt\£Ai  it. 
lx>ok    ye,  Mr    WiKtam    Purkyns, 
wmm  urisrtl,    I  fiii|ip<Hft?i  in  order  to 

.  Vcs,  I  Mieve  (t  was ;  but  I  hope 
Ktliiverie«t  back  now  they  have  fWuiitf 
'I  li«Ye  uQtUing  eljw  to  iub' 
%%  tb^re. 
r  may  plate  tliereT  What  is 

Tlicsre  fs  aorne  clia|vrr  and , 
pH  atid  some  piccw  of 
bnndrvfl  otim'^s  of  [sWlc^  for 
» bAd  it  from  the  Secretary's  ^ 
f  iKd  not  Md^  it, 

mlgei  cofititlted  tmoog  them- 

Tte  atifcHl  10  bare  hi«  plate  ta  sell, 

Bk  iKat  he  may  have  bread. 
iill  yrmr  lanhbip  |ilett8e  to  direct 
IHrisritback? 
tHk^^otme  care  or  other  shall  be 

k  My  lorlf  t  bave  nothin|^  to  sitb«ist 
mm  I  cfto  niJ^ke  something  of  wlinl  is 
ppv  m  wile  and  fourcbildreo,  and  no- 

i  IfpOD. 

[  yiwir  wife  make  application  for 

ar^'s.  It   cannot  now  bu  done 

fit  I  not  Miiiki;  complaint  of  it 

1  bei'n  Utken  in  it. 

1  c  Has  a  petiiiun  ; 

;  a  K\i»^e.  pris'iner,  anil  thry 

I  Iff  a*    a  pi4itioii  ;    but  fny  wife 

any  thinK  of  it  to  me  till  af- 

llbiH^  talk'd  nf  an  order  of  coun* 

had  for   the   ibnifTs  i$4ri/in|^  it ; 

be  ui  euoitirr!  into  it,  there  waa 

hi,  butoaly  to  aaareb  and  exa- 

rdl,  tome  order  shall  be  taken 

fi^noi.  My  h^nlf  we  tiaTe  given  a 
»1baftiQf«c»ry  for  it. 

ba  %un»x  hare  wherewithnl  to 
ly  btm    bread   while  he  \%  in 

,  lord,  I  »w?€  Mr  Bnr- 
sr  John  Frriiid'«  fcoli- 
uld  buuiidy   move  your  lordiiitip 
Ir  kii|mrc*l  tfito,  Imhv  hn  cnine  J»y 
fallbt|ttry  vr  Forii»e*iu»i 

I  a«i   a«  it  H  C11  tiie  j»ri- 

Mnorl 

.  hi**  I  Ibink  then  can  ba  no 
)i  ■      *    *  '  •'     ':  it  wotdd  be 
ilia  >  'itineiL 

U*  in.  [\Vlu<^h 

'  r.*  \  I  he  jidtinel 

IJrJ.-.-.-    --.^.i:* 

I  tiail  tlirte  fcraral  co- 


nie«tent  me  hj  sir  John  Freind'sfnemU,  to  the 
Hon*  tavi'in  alMjoi  ihree  or  four  o'clock,  and 
I  dt^livered  one  of  ibeni  to  Kir  John  Freind  ; 
but  he  had  one  before  I  deliyeretl  mioe. 

L.  C.  J.  Who  sent  thera  to  you,  or  brought 
I  hem  to  you  ? 

Bnrki^k.  I  had  them  brought  to  me  by  u 
porter, 

Mr.  Bakcr^  You  know  yon  might  have  had 
it  from  the  pro|frer  othcer,  for  asking'. 

Burl,  I  had  iliem  brought  me  from  S5p 
John  Freiud's  friends. 

L,  C.  J.  Can  you  tell  who  had  it  from  th#' 
aherifT.* 

BtirL     My  lord;   I  know  uot:  I  had  threo' 
ctvpies  sent  me  in  a  quarter  of  an  hour's  time  ; 
whence  they  came,   I  know  not  *  the  sheriff  \ 
know8  ine,  and  e^^ery  body  else. 

Sh.  Buck.  I  do  know  you,  and  would  havar 
you  be  fair  in  your  praciire. 

Bukcj\  The  inquiry  ia  made,  because  m* 
false  copy  is  put  ujion  him ;  you  might  hav# 
had  a  true  copy  it  you  had  apphed  yourself  J 
right. 

BurL     I  sent  to  Mr.  Farriogdon  f»>r  it 

L.  C\  J.  The  sheriff  dc'livered  it  the  se- 
conitaryi  who  Uthe  proper  officer. 

Just.  Hokebf/.  Sir  John  Freind  said  he  had 
it  from  him  yesterday » 

BurL  But  lie  had  one  before ;  bow  he 
came  by  it,  I  can't  tell ;  nor  whence  those 
came  that  were  brought  me  in. 

Just,  Rokebtf.  If  you  will  not  take  care  t» 
go  to  the  rijzhV  place,  it  is  nobody's  fault  bui 
your  own,  it  you  suffer  by  it. 

BtirL  I  \\as  with  my  lady,  and  delivered 
a  petition  for  \\m  trunk. 

L.  C  X  But  it  seems  it  was  under  th« 
cunifzance  of  the  secretary,  and  direciion  was 
vfivt?n  10  go  thither :  some  care  or  other  rau^t 
bt?  taken  in  it,  and  shall  \  but  go  on  now  to  ar- 
ruigu  the  prisoner. 

CL  of  Art.  Hold  up  thy  Imud.  (Which  be 
did.)  Thou  standest  indicted  in  Middlesex  by 
the  name  of  sir  Wihiom  pjrk^^ns,  late  of  the 
I>arish  of  Hi.  Paid  C oven t  Garden,  in  the 
county  of  1\ lid dtejsex,  kt.  For  that.  Whereas 
an  open,  nod  fHilonouMy  pnblic  and  most  sbur[i 
and  cruel  m  nr,  for  a  long  tunc  h»th  bet^n,  nndyet 
is,  Sy  Eieaund  by  land,  Itjid,  carried  on,  and  pro- 
secuted by  Le^is  the  Ficnch  ting,  against  th4 
most  senrne,  must  tltustrtous,  aotl  most  excel* 
lent  pruioe,  our  sovereign  lord  U'ilhain  the  3dg 
by  the  grace  of  God,  «if  Eagland,  Scollnnd, 
trance,  and  lrc^laml«  king,  defender  of  lh<l*  i 
f^dth,  'Sec.  During  all  t^hich  titne,  the  said*] 
Ijcwis  tti^  French  king  and  his  suhjecls  wer«, 
and  yet  are  efsi'mies  of  oi*f  said  lord  the  kinff^  ] 
that  now  i;*,  and  his  subject*,  Y^n  ihe  said  sir 
William  i*iirkyn3,  a  •lubjt'Ci  nf  our  said  sove- 
n  !  '  TJie  king  thsit  now  is  of  this  kingdom 
<  '    well  ktiowiug  the  premises,  not, 

1*1...,,;  luri  fear  «J  Uod  in  your  heart,  nor' 
\«'*  igbiusr  the  iluty  of  v^nr  alh'ginnre,  hoi 
bMiig  mot*«d  and  K»<luce<f  by  the  iuKtigation  of- 
\hr  tlevil,  ••  a  taN  traitor  against  the  aa)4 


67J 


6  WILLIAM  m. 


Trial  of  Sir  WJHam  Parfynt, 


P 


iDOsi  ferene,  uiost  clement,  and  most  cxoenent 
prince,  our  said  soverei^  lord  William  the  Sd, 
ttow  Wio^  of  En^rland,  &c.  your  supreme,  true, 
Datural,  ri((htful,  lawful,  and  undoubted  sove- 
reign lonl ;  the  cordial  love,  and  true  and  due 
obedience,  fidelity  and  allegiance,  v^bich  every 
■ubject  iif  our  Mid  lord  the  kin<c  that  now  is, 
towaniii  him  our  said  lord  the  kin^,  should 
bear,  and  of  right  ought  to  bear,  nithdrawin^, 
and  utterly  to  extiuj^uisb,  intending  and  con- 
triving, and  with  all  your  strength  purposing, 
designing  and  endeavouring  the  goremment  of 
this  Kingdom  of  EoKfland,  imder  him  otnr  said 
lonl  the  king  that  n^w  i<t,  of  right,  duly,  hap- 
pihr  and  very  well  estiildished,  altogether  to 
subvert,  change,  a  11 '1  alter;  as  also  the  same 
oar  sovereign  lord  the  kitig  ta  death  and  final 
destruction  to  put  and  bring  ;  and  his  faithful 
auhjects,  and  tlie  freemen  of  this  kingdom  of 
England,  into  intolerable  and  most  miserable 
slavery,  to  tlie  aforesnid  French  king,  to  sub- 
due ami  bring;  the  first  day  of  July,  in  the 
7th  vear  ot  the  rei^n  of  our  said  sorereign  lord 
the  king  that  now  is,  und  divers  other  days  and 
tiroes,  as  ueil  before  as  after,  at  (he  parish  of 
Sl  1^u2  Co\ent-Gardon  aforesaid,  in  the 
county  atmesaid,  i'alsely,  maliciously,  de- 
vilisluy  and  traitorously  did  compass,  imagine, 
contrive,  purpoije,  design  and  intend  our  said 
aovcreign  lord  the  king  that  now  is,  then  your 
supreme,  true,  natural,  rightful,  and  lawful 
soTereign  lord,  of  and  from  the  regal  state, 
title,  honour,  power,  crown,  eommand,  and 
fl^ovenimcnt  of  this  kingdom  of  £nghind,  to 
depose,  cast  down,  and  utterly  to  deprive; 
apd  the  same  our  sovereign  lord  the  king,  to 
kill,  slay,  and  murder ;  and  tlie  aforesaid  Lewis 
the  French  kincf,  by  his  armies,  soldiers, 
legions,  and  subjects,  this  kingdom  of  Eng- 
land to  invade,  fight  with,  conquer,  and  sub- 
due, to  move,  stir  up,  procure  and  aid  ;  and  a 
miserable  sluufj^hter  among  the  faithful  sub- 
jects of  our  baid  lord  the  king,  throughout  all 
this  whole  kingdom  of  England,  to  liiake  and 
cause;  and  that  ^ou  the  said  sir  William 
Tarkyns,  to  the  aforesaid  enemies  of  our  said 
lonl  the  king  that  now  is,  then  and  there,  dur- 
ing the  war  aforesaid,  traitorously  were  ad- 
hering and  aiding ;  and  the  same  most  abo- 
minable, wicked  and  devilish  treasons,  and 
traiterous  com  passings,  contrivances,  inten- 
tions, and  pur)Kme8  of'yours  aforesaid,  to  fulfil, 
perfect  and  bring  to  effect ;  and  in  prosecution, 
performance,  and  execution  of  the  traiterous 
adhesion  aforesaid,  ^ou  the  said  sir  William 
Parky  ns,  as  such  a  iaise  traitor,  during  the  war 
aforesaid,  to  wit,  the  same  1st  day  of  June,  in 
the  year  abovesaid,  at  the  parish  aforesaid,  in 
the  county  aforesaid,  and  divers  othar  days 
and  times,  as  well  Ittfore  as  afler,  there  and 
elsewhere  in  tin*  same  count}',  falsely,  ma- 
liciously, advisedly,  secretly,  and  traiteroufily, 
and  with  force  and  arms,  witli  one  llobert 
Chamock,  (late  of  High-Treason,  in  contriving 
and  conspiring  the  death  of  our  said  sovereign 
Isrd  the  king  tliat  now  is,  duly  con? icted  and 
fttaiatcd}  and  with  divpM  othtr  fiise  Imitors, 


to  the  jurors  unknown  did  meet,  propose,  tra 
consult,  consent,  and  agree,  to  jirocurBf  frn 
the  aforesaid  Licwis  the  French  king,  of  his  sal 
jects,  forces,  and  soldiers,  then  andyetenemi 
of  our  said  lord  the  king  that  now  is,  great  bh 
hers  of  soldiers  and  armed  men,  this  kingda 
of  England  to  invade  ami  fight  with,  and  tolsr 
procure  and  prepare  great  numbers  of  ami 
men  and  troops,  and  legions  against  our  m 
soFereign  lord  the  king  that  now  is,  to  rise  i 
and  be  formed  ;  and  with  those  enemies  stai 
upon  such  f  heir  invasion  and  entrance  into  tl 
kingdom  of  England,  to  join  and  unite ;  n 
belhon  and  war  against  him  our  said  soveici| 
lord  the  king,  within  this  kingdom  of  Englaa 
to  make,  levy,  and  trage ;  and  the  same  oi 
sovereign  k)ril  the  king  so  as  aforesaid  to  4 
pose,  and  him  to  kill  and  murder.  And  fli 
ther,  with  the  said  false  traitors,  the  same  ii 
day  of  July,  in  the  year  almvesaid,  at  the  poril 
aforesaid,  in  tlie  county  aforesaid,  traitorsoil 
you  did  consult,  consent,  and  agree  to  wm 
the  aforesaid  Robert  Chamock  as  a  bm 
senger  from  you  the  said  sir  Wm.  Parkyi 
and  the  same  other  traitors  unknown,  as  fl 
as,  and  into  the  kingdom  of  France,  in  vm 
beyond  the  seas,  to  James  the  3d,  late  n 
of  England,  to  pnipose  to  him,  and  deal 
of  him  to  obtain  of  the  aforesaid  French  Unj 
the  soldiers  and  armetl  men  aforesaid,  lor  tl 
invasion  aforesaid  to  be  made ;  and  intelligaM 
and  notice  of  such  their  trait«>rons  intentiM 
and  adhesions,  and  all  the  premises  to  thoM 
late  king  James,  ami  the  said  other  encmil 
and  their  adherents,  to  give  and  exhibit ;  tl 
them  to  inform  of  the  said  things,  partiealsii 
and  circumstances  thereunto  relating  ;  as  ak 
intelligence  from  them  of  the  late  intended  a 
vasion,  and  other  thingfs  and  circumstaiM 
concerning  the  premises  to  receive,  and  tha 
to  you  the  said  sir  William  Parkyns,  and  tl 
said  ether  traitors  in  this  kingdom  of  Engfaui 
to  signify,  report  and  declare,  in  assistsM 
animation,  and  aid  of  the  said  enenuea  of  oi 
said  soTereign  lord  the  king  that  now  is,  in  tl 
wtLT  aforesaid  :  and  to  stir  up  and  procure  tha 
enemies  the  more  readily  and  boldly  this  kioj 
dom  of  England  to  invade,  the  treasons  m 
traitorous  contrivances,  compassings,  imugis 
tions  and  purposes  of  you  the  said  sir  Willn 
Parkyns  aforesaid  to  perfect  and  fulfil,  and  i 
the  premises  the  sooner  to  execute,  nnana| 
and  perform,  and  the  invasion  aforesaid  to  m 
der  and  make  the  more  easv,  you  the  said  i 
William  Parkyns  afterwards,  to  wit,  the  IQ 
day  of  February,  in  the  year  abovesaid,  at  II 
parish  aforesaid,  in  the  county  aforesaid,  ai 
divers  other  days  and  tiroes,  as  well  beA 
as  afler,  I'thcre  and  elsewhere  in  the  soi 
county,  falsely,  maliciously ,  advisedly,  secret! 
traitorouslv  and  with  force  and  arms,  with  I 
aforesaid  Kobcrt  Charnock,  and  very  mai 
other  false  traitors  to  the  jurors  unknowDi  4 
meet,  propose,  treat,  consult,  consent  ai 
agree,  him  our  aaid  sovereign  lord  the  kinjp  tl 
now  is,  by  lying  in  wait  and  deceit,  to  aawH 
nate,  kill  and  mttrder;    and  that  eieorahi 


High  Trm$fm* 

iHmiMe  n^itssi nation   and 

Ufaf  Ibe  mmatwf  to  ejiceute  ami   (lerpetrate, 

^iitmmpis   ^  wtU  ti»e  same  day  anil  year, 

^ivtt^tfiiftHMly  y«u  ilul  trfal,  propose  and 

■■■ll    ifftit)    tlMJ««    trnititii^t    af   the    wiys, 

an<4  n^Mkns,   nml  ihe  time  antJ  place 

*\r  s,  iitid   l»ovv  our  said 

1  Kit  hy  iyii*!?  in  wait, 

I  l^mmfr  (it^^lit    **^  S  nUtii  ;    nnd  (tid 

9mim.  ixivr  st>it  n^  '  i  ic  i^me  tmiton, 

Ikl  WTi    (wkrucnieu  or   ittt  i<»:ibouts  of  thu»e 

taan^  Mil  wtliera  by  iIk'HI  at»d   ycni  the  6aid 

irffii^iai  PaH&yn*  tti  Ih;  liiiifd,  pioctired  and 

I  |yt*^fEVl*^  carlnrtrH  arid  ptstoH  with  i^rim- 

1ir  Mill   leadt'U-bulli'U  cbai^^ed,  and  i^'ith 

ill  rap<irr«    and  4i(her  weapons    armed, 

ii  W  ta  w^it  and  hv  in  amhufili  our  sajd 

[M  lii»  klu^   it)  litt  coach   i'einf^  when    he 

'\go  3Air«Kif],  lo  attack  ;    and  iUiiX  <i  certniu 

ttttCHMpetifit  nituil^er  ofthii^  men  so  armed, 

llaiMtel  iipoo  the  gu^nb  id' our  ^id  k>rd  the 

lii|lWp  miMl  there  atten>l»tit>:  hiin,  and  hein^ 

«A  hiSr  mmI  fthftiild  orer>iM»wer  aud  fight 

li#i«Bf  wblkt  tttbf'rs  ot'  the  same  men  »o 

tmaihm  iKir  9<yd  lord  tl»e  king  fihindd  kilt, 

^if»Mrf  Mittfvi«r  ;    and  that  you  the  staid  sir 

VV^ntt  Pif%5rik«,    then    and    there  did   take 

^m  ymt  to   fnxiride  five    hoiies  for  thos4> 

AM  ^bigli    aboulfl  to   kdl    and  imirdar   i»ur 

■ii  WitKi^ii    i'*^''  •'^^'Uiiig;    andalaa  that 

jBitW  a*iil  »:  Farkyni,  your  tre«- 

mm^  mimH  ytj  i   as  intentioitt,  desifnia 

I  aiiorewaid  ti»eiefute,  peqwtrate, 

wit|  the 

^^afinh  afore- 

t  camaty  aforesaid,  divera  burses^  aud 

W^  mmtf  antta^  f^uns^  carbines,  rapiers  and 

vaviiik  id  itiihet  weapons^  ammunition  and 

^mShnkmff%^  anil  inihtary  in  Mlrnn>cuts,  falsely, 

tmtmadf  •tcrrUy^  aadirauerously  did^obtam, 

kMf^mthgf^Bml  prtjcure  ;  and  to  he  bought,  oh- 

iMa^^MllCKsdtUid  prncnrcil  did  cause,  and  id 

fmrm^nAf  bad  *iiddetain^J,  witli  thut  inten- 

•MlkflttuiMMl  iimiit  Ihedetestnhlf:  obominuble 

4m  $i  mm  wmi  lord  ttie  king*,  and  the  invasiou 
tiknmiA^  at  «lbrtsaid»  lo  use*,  employ  and  be- 
^m  ;  lod  ala*  joor  treasoiii  and  utl  your  trai- 
Hfoao  ialtaiiiiiii,  purpoiea,  and  contriirajiaca 
timemid  In  ««#e«ltef  perpetnte*  fulfil  and  fully 
knf^  <i!»cl»  jroti  th^aaid  sir  VVilltam  iW- 
'i,  to  wit,  the  day  and  year  Idnt 
,ai  ibe  pariah  afuresaid,  in  the  county 
iy,  mahciouNly,  ailvigedly, 
Irmilorou'ily,  divera  soldifTv  ami 
Mid  rcAciy  to  be  arned,  albr  the 
f  Bbatuinabte  and  eicecrable  aasaa- 
[« oml  murder  nf  our  said  i»o ve- 
to aa  afoic»aid  shouhl  he 
ad  coffitnittedi  to  ri»«  and 
•aid  reltelUon  vi^ithiu  thi^; 
i  of  £figtuid  In  make  and  Mai;e,  attd 
ivrai  of  our  aaid  lunl  the  km^^, 
t  Uraofr^^ra,  auhjprta  »ttul  ^ioldinn* 
tmiti  l«rwiii  ibe  Frcmh  k\u*^,  li«>m;jr  about 
to  oiTaile  ibia  kua|f«lom  of  Kn^iand,  at  and 
mtaflMii  iad  ttitnuct  tuu>  tbii  king- 


iBiOMMnittoiaci  ait>re%3UJ  ti»eiecuie,  per 
Mi  md  Itfiiie  to  efl'ect,  9t\erwards,  to  ^ 
^  aai  Mor  t*it  ttbovc^aid,  nt  the  parinl 
^yiyii  ttic  ooitnly  aibre&aid,  divera  bur' 


dom  then  expecte*!  to  be  ahortly  made,  them- 
aelves^^  tojifether  with  you  the  s^iid  sir  William 
Faikyi]9^  lo  |om  und  unite,  iiud  ii»i4>  traopn  and 
lti;mns  toturm^  ytin  dirl  W^Vt  li»t,  and  retittn, 
and  did  procure  to  be  levi#*tl,  fiBted  and  retiuued  ; 
and  those  Mitdiens  and  men  for  the  freaKuns^ 
inttntitMis  and  purposes  aJoffsaid,  then  and 
there,  and  nfterw;nd8  m  readiness  yon  had, 
ai^ainsi  (he  duty  of  your  allegiance,  and  ag^ainst 
the  pe^ace  of  our  Ktud  }iOvert*tRTj  lard  the  king 
that  now  is,  His  crown  and  di'jMity  ;  as  also 
auuiuiit  (he  form  of  tlit'  statute  in  this  caae 
made  ami  provided. 

How  mytiui  thou,  filr  William  Parkyns,  Art 
thou  Guilty  of  thiH  hi{jrU  trcafton  whereof  thou 
standesi  indietcit,  or  Nt>t  <yuilty  ? 

Purkt/)i$,    Nut  Guilty. 

CI  af  Jr.  Culprit,  how  wilr  thou  be  Iryed  f 

I'arkjfus,  ByGotlaud  my  country. 

CI.  ofAr,  God  send  tl<ee  good  dtliverance. 

ParktfJki.  My  lord,  If  your  lordship  pleaaei 
to  fkvouV  ma  with  h  word  or  two. 

L,  C.  J,  Aj'e,  whnt  bay  ymi,  sir? 

Parkym,  My  lord,  I  have  been  kept  in  hard 
priaim  ever  evince  I  was  committed,  nobody  haa 
heea  suffered  to  come  to  me  till  Friday' last, 
then  my  coun^^el  cami*  to  me;  ami  lieinj^ 
charged  with  many  fucts  as  I  sec  in  this  indict- 
ment, it  will  be  necessary  to  hav^  divurt*  wit> 
Beascs  to  clear  myjielf  of  these  par(icu1ar»; 
tbev  arc  dispersed  up  and  down,  and  I  ham 
haci  no  ^me  to  look  after  thcmi,  and  therefore  I 
beg  your  brdahip  to  put  off  my  trial  till  ano- 
ther day, 

L.  C*  J.  When  had  you  fit^t  notice  of  your 
trial? 

Parkym,  The  first  notice  of  my  trial  was  oQ 
Wednetday  lu<;t,  in  the  aflenioon. 

L.  C.  J,  That  is  a  sufficient  time  of  notice  j 
fure  you  mi^ht  have  provided  your  witncs&ca, 
and  prepared  for  it  by  this  time. 

Parky m.  Bui,  my  lord,  beiui^  kept  so  close 
prisioner,  I  had  no  opportunity  fur  it ;  for  it 
waa  not  possible  for  mc  (o  ^etany  body  to  come 
to  me  till  Friday  noon,  not  so  much  as  my 
coimsel,  atal  tht^u  there  woi  but  ttro  daysi 
8alurduy  aud  Monday,  (^^unday  is  n«i  diky  lor 
any  business)  and  it  is  impirsskble  for  me  to  be 
ready  in  the  manner  t1»at  1  uo'^ht  to  be.  It  is 
a  perfect  distresa  and  harden p  up'm  me^  to  be 
put  so  soon  upon  ray  trial  without  loy  witiiai»f»eSt 
and  what  should  enable  xhk  lo  make  my  defeuce  ; 
therefore  1  humbly  iutrcat  ^our  lords»hipto  put 
it  off  till  another  day. 

L,  C.J,  What  witnesB  do  you  want,  air 
William  P 

Parkym.  I  have  divers  vt  ttncsse«,  my  lord, 
that  can  give  an  account  where  I  was  from 
time  to  time  ;  but  they  \\re  many  of  thorn  out 
of  (own,  and  I  have  E^nt  about  every  way,  hut 
caimut  ^ct  them  tog-ether  in  to  short  a  time. 

L.  C  J,  When  had  he  notice  of  bis  trial? 

Mr.  Baker.  On  Wednei^day  I  told  him,  that 
he  muiit  ex|»ect  to  be  tried  thrs  day,  and  withal, 
thai  it  he  would  name  me  any  counsel  that  ho 
would  have  come  to  hinii  heiibottld  baf  o  ap 
order  oejLt  morDiDg  for  tb«lB. 


I 


I 


I 


I 


nj  S  WILLIAM  IIL 

L.  C.  X    You  were  told^  it  seemti  on  W««l- 
dav  thai  y oti  might  ha?e  what  couDseJ  yan 
wouliL 

Mr.  Baker.    Aod  be    had    an  onJer    upon 

Thiirtiduy  morning  for  his  counseL 

Park^m,  I  could  ncit  have  it  without  anjili- 
cation  to  the  court  al  Whitdmit,  and  coidd  \\^\e 
nobody  to  corite  (o  me  till  Thursday^  and  it  was 
Fridiiy  hefore  I  ctudd  g^etmy  counsel  to  uie. 

L  i2,  J.  You  rnti^ht  have  sent  ti»r  your  wit 
lie8&e«  on  Thursday,  and  employed  someUKly 
about  that  matter  thfn. 

Parky  as.  The  solicitor  that  t  employed  waa 
eraidoy'ed  otherways,  and  1  could  not' employ 
any  hcwty  el^^e, 

jL,  C.'J,  Vts;  yon  mi^^ht  have  eoi ployed 
anv  otkier  about  tbatl>uiiiiiie^. 

*Farkynt.  I  had  uobofly  lo  send,  f  wns  kept 
close,  and  noliody  periuilted  to  come  to  me. 

L,  C*  X  Your  Solicitor  you  desired  had 
leave  to  come  lo  you. 

Mr.  Buktr.  Vou  know  that  Ihoae  you  sent 
for,  you  had  an  onJer  for. 

Parky  Hi,  !  could  uot  get  him  till  ThUisdny 
to  me,  1  hiuJ  no  messeii^er>  to  nend  till  then 

Mr,  Baker.  1  gave  ihe  keeper  direction,  lo 
let  him  have  persons  come  to  him  to  send  on 
any  errand, 

L.  C  X  The  keeper  had  ortlers,  it  sremSt  to 
let  any  messenger  come  lo  \ou  ;  and  he  woul  I 
have  bdped  you  to  tomebudy  to  send  of  this 
errand,  to  be  sure. 

Keeper,  I  always  did  it,  as  soon  as  I  know 
Ibev  have  notice  of  their  triaU 

Puriiyns,  But  the  keeper  is  not  always  in 
ilie  way  ;  and  besides,  when  I  hud  notice  ^i?en 
me  of  my  trials  tt  wa^  execution  day,  and  be 
was  not  at  hc»me  that  day. 

L.C.J  He  nnines 'no  witnesses,  only  be 
sa^g  he  has  divers  ^vitnetifes,  neither  is  there 
any  onlh  made  of  any  witnessts  ;  pray  bow 
lonif  is  it  since  you  were  comiiitijed  ? 

Parkynu  1  was  committed  this  day  fort- 
it  igliL 

L.  C.  X    Your  commitment  charged    you 
Willi   high'treaMim,   and    therefnre  you  kiiew 
what  you  ^lood  accused  of;  were  you  not  com - 
milted  for  bigb-lrea>ion  * 
•    Parkvhi.  Yt/s,  my  lord,  1  behere  I  was. 

&*/.  Gen,  {H\v  John  Ilriwles)  Jly  lord,  he 
litd  a  ¥ery  fair  time  to  pr«|jiire  for  Ills  <lefence, 
for  he  saw  hU  name  in  the  pioclamation  a  c;ood 
while  before  be  was  taken,  and  there  it  is  de- 
clareil  what  he  stands  charged  with. 

X.  C,  X    You   un^rht  htt^e   harl  a  copy  of 
your  commitment,  you  had  a  right  to  lii^e  it, 
,  and  therdiy  you   inight  have  seen  what  you 
were  accused  of 

Keeper,  We  ncTcr  do  deny  it,  if  it  be  de- 
aaanded. 

X.  C,  X  You  cannot  deny  it;  you  know 
what  penalty  you  are  umler  if  you  do. 

ParkyttM*  Nobody  was  permitted  to  come  lo 

JUC.  J,  You  might  have  asked  for  n  copy, 
or  any  body  else  ;  lor  you  hud  notice  of  your 
Irial  Bu  long  ogo  as  Wednesday  last. 


Trtol  ^Sir  William  Parh/nSf 


Mr,  Baker.  1  gave  him  notice  of  his  trial 
Wednesday,  and  tlien  told  bim  he  ctitiM  ^ 
for  it  agsinst  Uiis  day  ;    he  said  he  would 
deaviiur  to  petition  for  a  longer  time ;   1 1 
hiiQ  it  would  be  in  vain,  tor  be  niosi  prepare 
his  trial  to  day,  and  could   have  no 
Uiue. 

X.  ax  Sir  William,  truly  we  do  nal 
any  reason  lo  put  off  the  trial  u{ion  these  j 
geijtions. 

Parkyns.    My  lord,  it  is  very  bani ;  ihi 
humbi}  beg  I  may  bare  the  favour,  that  1 
have  counsel  a  I  low  ad  me ;    1  b&v«  no 
indktmenta. 

3.  C,  X  We  cannot  allow  counaeb 

Patkytis.  My  lortl,  if  I  have  no  ooi 
do  not   utiiletstand  these  matters,    nor 
advantage  may  be  proper  for  nae  to  take  to 
cases. 

L,  C  X  You  are  not  ignorant,  sir  Willk 
that  counsel  ha$>heen  alwiiys  refused  whea 
&irtt\  in  such  cases. 

Parkyns,    My  lord,  there  b  a  new  u 
parliameDi  that   is  lately  made^  which 
counsel. 

X.  C,  J.  But  tliot  does  not  commence  ] 
sir  Wdliam. 

Parkyns.  Mv  lord,  it  wants  hut  one  day. 

X.  ۥ  J.     Thiit  is  AS  much  as  if  it  wa 
murh  longer  time  :  for  wf  are  to  pr«»crfd 
ciirtling  to  what  the  law  is,  and  not 
will  be. 

Parkyns.  But  it  is  declarative  of  the  cam^ 
law,  l>ecause  it  say  a  it  was  always  just  a^ 
st>n»ihle. 

X  C.  X    We  cannot  alter  the  law 
ma  kern  do  it. 

Par  kyns.    Will  your  lordship  be  pi 
let  it  be  rea«l? 

L  C.  J.  Ay,  if  3  Oil  have  a  mind  lo  it»  Hi 
be  re^id. 

Parkyns,  Yes,  if  your  lordship  pleasea* 

L  C,  X  itea*l  it.      , 

CL  (if  Art ,  (Reads  )  "  An  Act  for  . 
ling  fd  Trials  in  Cases  of  Treason,  and 
prision  ol  treason.'*  (7  Will,  arid  M<  Cap.  d 

All  the  first  pamgrapb  of  the  new  Act 

read. 

L.  C.  X  Look  ye,  sir  William  Parkynit, 
law  has  not  taken  any  etfecl  as  yet;  but 
]»w  stands  as  ii  did  before  the  makmg  of 
act. 

Parkyns.  But,  my  lord,  the  law  says  il 
just  ai>d  rtosonable  that  ii  should  he  so» 

X  C.  X  We  go  accordmg  lo  the  law  m 
find  It  is. 

Parkym  And,  my  lord,  what  is  just  and 
sonable  to-morrow,  sure  is  just  and  reason 
to  ilay  ;  and  your  lordship  may  indulge 
this  case,  eKpi-cially  when  you  see  how  slrei 
notice  1  have  bad,  and  what  a  little  time 
bien  iilloweil  me,  that  1  am  not  able  to 
any  dele  nee. 

L.  €.  X  We  cannot  make  a  hiw,  we  tuusl 
accorrling  to  the  law;    that  oiusibeuur 
and  dircclion. 


J 


Jwr  High  Treoitm. 

Ym^  OT  lord,  hot  what  is  just  and 
mmrmkmMi    th«  law  is  groandeil 

TIm  pariiaiiMmt  has  thoaf^t  fit  to 
ft  iftWy  which  is  to  comineDce  from 
''this  month :  it  is  not  a  taw  till  the 
that  the  parliament  bath  appointed 
ra  law. 

Biit,  my  lord,  if  my  notice  had 
enient  notice,  1  had  been  within  the 
i  by  the  act  of  parliament ;  and  no 
lot  the  advantage  of  that  act  from 
rd,  nor  suffer  for  such  want  but  my- 
it  a  |>articular  hardship  upon  me. 

We  cannot  alter  the  bw,  ws  are 
sr  oaths  to  proceed  according  to  the 
at  present. 

Pray,  my  lord,  let  it  be  put  off  till 

then. 

Yoa  shew  no  reason  for  it ;  you 
messes  that  you  want ;  nor  hare  we 
at  we  ought  to  have  in  such  a  case. 
.  1  will  do  both  if  your  lonlsbip  will 
lit. 

rhere  ought  to  bean  oath  certainly ; 
ik  you  have  had  fair  and  convenient 

/on  have  had  as  much  notice  as  sir 
had,  who  was  tried  yesterday. 
.  As  1  am  informed,  he  was  charged 
t  facts  about  the  town,  but  1  am 
tfa  many  particular  things  nx>re  than 

The  act  of  parliament  says  nothing 
'  trial ;  that  still  ciintinues  as  it  was 
d  you  have  had  very  convenient 
)  oo,  Mr.  Hardesty,  to  swear  the 

\  Sir  William  Parkyns,  you  the 
the  bar.  Those  men  that  you  shall 
and  personally  appear,  are  to  pass 
r  sovereign  lord  the  king  and  jou 
f  your  life  and  death  ;  S'  therefore 
allenge  them,  or  any  of  them,  yon 
k  unto  them  as  they  come  to  the 
■worn,  and  before  they  be  sworn, 
.  1  bojpe  your  lordship  will  be  of 
me  then. 

8o  we  will ;  we  will  do  you  all  the 
lo.  Look  ye,  you  know  you  may 
S5  without  cause,  and  as  many  as 
th  cause,  but  no  more  than  35  with- 

\  8ir  Goddard  Ndthorp. 
r.  1  except  affainst  him. 
^  Leonard  Hancock,  esq. 
.  I  except  against  him,  he  is  the 
ant. 

^  William  Withers,  esq. 
u  I  challenge  him. 
r.  Samod  Powell,  esq. 
I.  1  challenge  him. 
r.  William  Norlhey,  esq. 
'•  Well,  1  don't  except  against  him. 
dr.     Hold   Mr.    Northey  a   book. 
IS  doBe.)    Look  upon  the  prisoner. 
weft  ftod  tnily  try,  and  true  deliver- 
I  lord  the  king 


'      A.  n.  1696.  [74 

and  the  prisoner  at  the  bar,  whom  you  shall 
have  in  charge,  according  to  your  e? idepce  $ . 
So  help  you  God. 

C/.  of  Jr.  Thomas  Tench. 

Farkym.  I  challenge  him. 

a.  ofAr.  John  Wolf. 

Farkyns,    I  challenge  him. 

CL  cfAr,  Jame^  Bodington. 

Farkym,  I  challenge  him. 

CL  ^Ar.  John  Smith. 

Farkym.  I  challenge  him. 

Cl.ffAr.  Edward  Gould. 

Farkyns.    1  have  no  exception  against  him. 
(He  was  sworn.) 

CI,  ofAr,  John  Raymond. 

Farkym,  I  challenge  him. 

CLqfAr,   Daniel  Thomas. 

Farkym.  I  have  no  exception  against  him. 
(He  was  sworn.) 

Cl.qf'Ar.  Isaac  Honey  wood. 

Farkym.  I  challenge  him. 

CI.  ofAr.  William  Underwood. 

Farkym.  1  challenge  him. 

CL  ofAr.  Arthur  Bay  ley. 

Farkym.  1  challenge  him. 

CL  ofAr.  Nehemiah  Ertning. 

Farlcym.  I  challenge  him. 

O.  of  Ar.   Johi)  Webber. 

Farkym.  1  rha  lenge  him. 

CL  ti  Ar.  John  Canf. 

Farkym.  I  have  no  exception  to  him.     ^ 

Att.  Gen.  We  challenge  him  for  the  kia|^. 

C/.o/i^r.  Thomas  Glover. 

Farkym.   I  challenge  him. 

CLofAr.  Henry  VVhilchcott     ^ 

Farkyns.    1  have  no  objection  against  him. 
(He  wasswoYn.) 

CL  ofAr.  Timothy  Tbombury. 

Farkym.  I  challenge  him. 

CL  ofAr,  Dormer  Sheppard. 

Farkyns.  I  challenge  hhn. 

CL  OfAr.  John  Temple. 

Farkym.  I  challenge  him. 

CL  ofAr.  Nathaniel  Gold. 

Farkym.  I  have  no  exception  a^inst  him. 

Mr  Gold.  My  lord,  1  am  no  freebokiei'  in 
this  county. 

Mr.  Baker.  Nor  have  you  no  copyhold,  Si^ir  ? 

Mr.  GM.  Yes,  Sir,  I  have. 

Att.  Gen.  However,  let  him  beset  by. 

CLofAr.  Robert Breedon. 

Farkym    I  challenge  him. 

CL  d'Ar.  Thomas  Taylor. 

Farkym.  1  challenge  him,  he  is  the  king's 
servant. 

CL  ofAr.  Joseph  Blifcsett 

Farkynt.  I  challenge  him. 

CL  ofAr.  John  Billier. 

Farkym.  I  challenge  him. 

CLofAr.  Francis  Chapman. 

Farkym.  1  chalteDgc  him. 

CL  of  Ar.  John  Cleeve. 

Farkym.  1  challenge  him. 

CL  OfAr.  Robert  Barapton. 

Furkim.  I  have  no  exception  to  him.    (He 
was  sworn.) 

CLqfAr.  WiUiamAtlM. 


»*] 


BWUJJAMia 


TfUl  qfSir  Waiiam  PaHlynt^ 


Parhfm.  I  diaUene«  him. 

CLcfAr.  TbomMSntton. 

Farkyns,  I  ha?e  no  txcqitioii  to  him.  (He 
was  svrom.) 

CL  ofAr.  Thomai  £dlin|r. 

Pcirlcyns.  I  have  no  ezc^oa  against  hiou 
(He  was  sworn.) 

CL  rfAr.  Robert  SandtoKm. 

Farkini,  I  ha?e  no  exception  against  him. 
(He  was  sworn.) 

ClofAr.  Ralph  Blarsb. 

PsrAyiM.  1  ha?e  no  exception  against  him. 
(He  was  sworn.) 

CL  efAr.  Richard  Bealing 

Furhffu,  Pray,  Mr.  Hardesty,  how  many 
have  I  challeDged. 

Mr.  Harde$ty,  I  wiU  tell  yon  presently, 
Sin — ^You  have  challenged  twenty-five. 

FarhffU,  Bnt  there  are  two  that  I  gave 
reason  for :  Do  yon  put  them  iu  among  them  ? 
that  is,  Mr.  Hancock  and  Mr.  Taylor  as  the 
lung's  servants. 

CL  cfAr,  Yon  may  speak  to  my  lord  about 
it ;  but  if  tbat^  aUowed,  then  there  are  hut 
twenty -three. 

Par /^fu.  Well,  Sir,  go  on  then. 

CL(f  Ar.  Richard  Bealing. 

Farkwn.  I  challenge  him. 

CL  ofAr,  William  Partridge. 

Farfcyns,  I  challenge  him. 

CL  ^Ar.  NichoUs  Roberts, 

Farkyni,  1  challenge  him. 

CL  ofAr.    Peter  uviffne. 

Farkyns.  I  challenfi;e  him. 

CL  of  At.  Joseph  Whiston. 

Farkynu  I  have  no  objection  to  him.  (Ho 
was  sworn.) 

CL  of  Ar.  Andrew  Cook. 

Farkyns,  I  challenge  him. 

CL  in  Ar.  Samuel  Hooper. 

Farkym.  I  challenge  him. 

CL  of  Ar.  Thomas  Heames. 

Farkyns,  1  have  no  exception  to  him.  (He 
was  sworn.)  • 

L.  C.  J.  Sir  William  Parkyns,  you  have 
eihallenged  two,  and  have  assigned  the  cause 
of  your  challenge,  that  is,  Hancock  and  an- 
other, and  the  reason  of  your  challenge  is,  be- 
cause they  are  the  king's  servants.  1  am  to 
acquaint  you,  that  is  no  cause  of  challenge  | 
hut  however,  the  kine's  counsel  do  not  intend 
to  insist  upon  it,  if  there  are  enough  besides. 
They  are  willing  to  ^  on  with  the  paonel ; 
«iid  I  speak  this,  because  I  would  not  have  it 

S»  for  a  precedent,  nor  have  it  understood  that 
e  cause  you  assign  is  a  good  cause :  Bnt 
however  they  will  not  stand  with  you^  if  there 
he  enough  to  serve. 

Farkyns.  My  lord,  I  submit  to  it  j  the  jury 
is  full,  1  think. 

CL  ofAr.  No,  there  are  but  eleven  sworn  yet 

Farkyns.  But  how  far  have  I  gone  in  my 
challensee  P 

CL  if  Ar.  There  are  fonr  which  you  may 
challenge  more. 

JW/gfiM.  There  are  two  allowed  me,  though 
HbaMtajpreoadcnl:  AwtlieraloiirftiUf 


CLqfAr.  Yes,  yon  mav  ohaHei 
more,  and  no  more.    Edward  Thomp 

Farkyns.  1  challenge  him. 

CLiffAr.  NicboUs  Rufford. 

Farkyns.  I  have  no  exception  of  hit 
was  sworn.] 

CL  iif  At.  Cryer,  oonntez.  William  ] 

Crytr.  One,  &c.  (and  so  the  rest 
twelve.) 

CL  ofAr.  Nicholas  Rufibrd. 

Crytr.  Twelve  good  men  and  In 
together,  and  hear  your  evidenoe. 

CL  ifAr,  Cryer,  make  proclamatioi 

Cryer.  Oyez,  if  any  one  can  infS 
lords  the  king's  justices,  the  king's 
the  king's  attorney-general,  or  this 
now  to  be  taken,  of  the  High-Treason 
the  prisoner  at  the  bar  staMs  indicted, 
come  forth,  and  they  shall  be  heard ; 
the  prisoner  stands  at  the  bar  upon  his 
ance ;  and  all  others  that  are  bound  b; 
nizonce  to  give  evidence  against  the 
at  the  bar,  let  them  come  forth,  and  g 
evidence,  or  else  they  forfeit  their  recoe 
— ^And  dl  jury-men  of  Middlesex  u 
appeared,  and  are  not  sworn,  may  de] 
court. 

The  names  of  the  twelve  sworn-  wen 
William  Northev,  Edward  Gold,  Dani 
mas,  Henry  Wbitchcott,  Robert  B 
Themss  Sutton,  Thomas  Edlinsr,  Rob 
derson,  Ralph  Marsh,  John  Whiston, 
Heames,  and  Nicholas  Ruiford. 

CLofAr.  Sir  William  Parkyns,  holi 
hand.  [Which  he  did.]  You  that  are 
look  upon  the  prisoner,  and  hearken 
cause  :  He  stands  indicted  by  the  imn 
William  Parkyns,  late  of  the  parish  of 
Covent^Garden,  in  the  county  of  Mi 
knight,  that  whereas  (prout  in  the  Ind 
mutatis  mutandis^)  and  against  the  fore 
statute  made  and  pn>vid^.  Ut>on  thic 
nipiu  he  hath  been  arraigned,  and  tl 
hath  pleaded  Not  Guilty,  and  for  his  ti 
put  himself  upon  God  and  his  counti*} 
country  you  are;  your  charge  is  to 
whether  he  be  guilty  of  the  high 
whereof  he  stands  indicted,  or  Not  Gi 
you  find  that  he  is  Guilty,  you  are  t( 
what  goods  and  chattels,  lands,  tenem 
had  at  the  time  of  the  high-treason  oon 
or  at  any  time  since:  If  you  find  I 
Guilty,  you  are  to  inquire  whether  he 
it ;  if  you  find  that  he  fled  for  it,  yoi 
inquire  of  his  goods  and  chattels,  as  if 
found  him  guilty ;  if  you  find  him  Not 
nor  that  he  did  fly  for  it,  you  are  to  sa^ 
no  more ;  and  hear  your  evidence. 

Mr.  Mouniag^e.  May  itplease.your  1 
and  you  gentlemen  of  the  jury 

Farkyns.  My  lord,  your  lordship  was 
to  say,  you  would  be  my  counsel.  1 
norant  in  matters  of  indictments,  I  beg 
be  any  fault  in  it,  von  will  let  me  know 

L.  C.  J.  Truly  1  have  observed  no 
it ;  I  do  not  know  of  any. 

Mr.  Momnttg^  GcntlamaBp  Ihia 


tfigh  Twim 

I  ti  hcmrj  &n  accysatioti  as 

Sf^v  man,  Ibr  tt   not  only 

tef  vit\\\  a  tr^iterons  design 

\  ihr  t!i»>  n  ijjurnt,  Boti  raisitjc^  war 

tlom  ;  which  was 

:'  kiti^^^s  enemies, 

^Atorei|;u  iuvMf(if>ni  im\  likewise 

f^ifaiuin  ibc  Ur<t  of  the  king, 

bff«ii  taken  away  by  a 

s  forth,  that 

r  at  the  bar, 

vrin  Ciiarnock,  and 

:  there  it  was  coDsuJtet] 

I lou hi  procure  French 

*iiv  king^dotti,  and  then 

V     Mr. 

•thehar 

nR^isa  tmeneng^r  into  trance,  onto 
)kMf  Jatnfs,  loac«)uairit  hira  with  thifi 
and  to  desifc  him  to  hnrrow  nf 
Ida^  as  many  tni^ips  aji  tie  coutd 
Haaiiea  descent  upon  this  kinifdom  ; 
Xllt)k««aii»e  time  were  to  fur ilitiite  the 
I  as  many  men  as  tltey  could 
linatidti ;  and  tlie  number  of 
iD(if3D,  who  were  to  be  firo- 
"  Ktii ;  of  whiHi  the  prisoner 
itul  fire,  who  were  to  he  in 
land  set  ujion  the  king  as  he 
ch,  upon  his  rettirn  from 
ere  lo  assault  and  attack  the 
\  were  liurbarottsly  to  atisfl^ 
kin^  in  \\is  coach  :  And 
I  the  primmer  with  under- 
pitri'  and  pro? idc  fife  horse?  and 
^  10  lie  umtdayed  in  thi^  bloody 
id  lilMJ  With  gatlrerifiy"  log-etber 
I  of  anns  and  ammunition  that 
wl  in  tilt-  inffur  recti  on.  To  this 
pn»otier  liufi  pleaded  Not 
b^  not  gurliy*  i'wl  torbid  he 
Hicted  \  But  if  he  br  i^tnlty,  and 
kct,  tli«  nation  experXs  thnt  you 
to  the  kin|^  and  kingdom,  and 

TI*o.  Trevor).     May  it  please 

anil    \*ni   Genih'iijeii  of  the 

sii  WiUimn  Par- 

i#»'  ^^>  treason,  for  com - 

tni^ty,  .iiid  adhering' 

end  the  ortfrt^actt 

to  prore  this  treason  are, 

had  «#^f»ral  meetluga  and 

•  ilmtii  a  mes- 

Jaroe*), 

>  king. 

le  king' 

ihat  he 

\\  p€r- 

3  royiil 

i'>ned  in 

.,^    ...  treaitfta 

fkm  efideooe   to   prore   these 
l«  mA  nUidi  m%  sIiaII  product,  will 


be  in  this  manner :  it  will  appear  that  the  pri^ 
sooer  at  (he  bar,  sir  William  Parkyns,  has  nad 
a  commission  from  king  James  to  raise  a  regri- 
ment  of  horse  ;  ai)4  about  May  last,  he  with 
BCf  eraJ  others  had^  meeting  at  the  Old  King^» 
Head,  in  Leadenh  all -street,  where  were  pre* 
sent  my  lord  of  Ailesbury,  my  lord  Montgo- 
mery, sir  William  Parky ns,  sir  John  Freind, 
air  John  Fenwiok,  Mr.  Charnock,  Mr.  Porter, 
and  one  Mr.  Cook  ;  and  Goodman  came  in  to 
them  after  dinner.  And  at  that  meeting  it  was 
consulted  and  concerted  among  them,  bow  they 
should  bring  back  the  late  king  James,  and  de- 
pose his  present  majesty  ;  and  in  order  to  that, 
they  did  resoire  to  send  Mr  Charnock  ai  a 
messenger  to  the  late  king  James,  to  deiir» 
him  lo  obtain  from  the  French  king  10,000 
racQ  to  invade  this  kingdom,  8,000  foot,  1,000 
horse,  1,000  dragoons;  and  to  encourage  the 
late  king  to  this,  tliey  did  assure  him  by  thtt 
same  messenger,  that  they  would  meet  him 
with  S.OOO  horstt  upon  his  landing  ;  and  ihey 
did  all  undertake  and  agree  that  they  would 
do  it ;  and  Mr»  Charnock  undertook  to  gti  of 
this  message. 

Gentlemen,  about  a  week  aAer  this  meet<- 
ing,  Mr,  Charnock  not  being  wifliog  to  gd 
upon  til  is  errand  vithout  a  good  aiisurance  that 
tliey  intended  to  perfarm  what  tbey  had  re- 
sohed  upon,  they  therefore  had  another  meet- 
ing of  most  of  tlie  same  persons  that  were  ai 
the  former,  and  particularly  the  prisoner  at  tha 
bar  was  one  j  and  that  was  at  Mrs.  Mountjoy  X 
a  tavern  in  St<  J umes\<}- street.  And  at  that 
meeting  they  did  aH  agree,  as  formerly,  aud 
continued  in  their  former  resolution,  to  send 
Mr.  Charnock  to  assure  the  late  king,  that  they 
would  meet  him,  according  as  they  had  pro- 
mised, if  he  would  give  them  notice  where  h«^ 
was  to  land,  and  he  should  not  fail  of  their  as« 
sistance.  And  at  these  meetint^s  thpy  did  take 
notice,  thftt  tlien  was  the  most  pi-opei  time  for 
such  an  invasion :  for  the  king  was  gone  ta 
Flanders,  mogt  of  the  forces  were  drawn  thi* 
ther,  ^ii\  the  people  were  dissatisfiecl,  and  so  it 
would  be  the  fittest  opportunity  to  accomplish 
their  desi«^n.  Aad  they  desireJ  Mr.  Charnock 
to  make  haste  to  carry  this  message,  and  ta 
intreat  king  James  that  he  w^uld  be  sp*  edy  and 
expert  it  iou^  in  his  couiing,  that  they  might  not 
lose  this  seELSon. 

Gentle  men ,  after  these  m  ceti  ngs ,  M  r,  Ch  ar- 
nock  did  within  a  few  days  go  over  into  Francei 
and  did  deliver  his  message  to  the  late  king- 
James  ^  who  took  it  very  kindly,  but  said  that 
the  French  king  could  not  spare  so  many  foreea 
that  )/ear,  hiving  other  work  ti»  employ  tbeiQ 
about:  u|>on  which,  within  a  month^s  tune,  or 
lesK,  be  came  back  again,  and  brought  an  tc- 
coiint  of  his  mefisage  to  those  gentlemen  wfa^ 
sent  him.  This  was  in  May  or  June  last,  and 
so  the  ftirther  prosecution  of  the  design  ceased 
at  tiiat  time. 

But,  gentleuien,  the  last  winter  it  was  re- 
vivcfl  ogaiu,  and  attempted,  and  carried  on 
very  near  to  the  obtaining  a  fatal  success.  And 
yon  wUI  bear,  thai  the  pri«OBar  it  tlie  Wr»  m 


79J 


8  WILLIAM  III. 


Trini  ffSir  WiUiam  ParHyns^ 


jWjUtara  Pjirkyriii,  bfts  had  ton  ((reat  a  hand, 

i#nd  been  a  \ery  great  inKlntrneut  in  bnth  the 

iMfts  of  thij»  wicked  con!«pir«ioy  and  treason ; 

|tiiiton)|  in  the  iniasion^  wljk'b  he  with  ollifrs 

fieiil  the  toeti^enger  over  to*^ocure;  hui  al^i 

[ill  the  otKiT  part,  the  bltick^t  iiart^  eren  the 

filiation  (d  the  king's  |»#»r*oij. 

Abitut  Jajiuar^   \nm  sir  Get^r^e  Barcley,  a 

lieuttnaiit  of  thi^  GuanJs   to   king  Jaineti  id 

Prann««  w^^  atMi  over  into  Eii^IauiI  to  en^a|j;e 

OMH  t"  )uin  in  the  conHpiracy  and  assas^i- 

iMIon;  and  fW  hiH  tis^istaot^  th<^re  were  sent 

f^nermtth  him,  and  Uffore  and  aftor  him,  smue 

20  troufi^rM  uf  tike  tale  kin^r^s,  »hat  were  his 

g^ujrd^  iti   FiAiice*     And  «ir  Oeunrtf  Barcley, 

to  tnioi»ni;je  the  persoiifi  that  were  to  join,  and 

whom  ht*  haci  broug'bt  over  with   biu't,   pre- 

tended  an  aufhnrity  to  justify  it,  that  is*  n  com- 

ii]f')<<i4»n  ffiiui  the  tale  kingf  Jiimes ;  and  he  com- 

nnnicateis  iliis  dt^ign  U\  Mr.  CUarnurkt  3V]r. 

Ipurt*??,   and  several  others,  and  nnwin^jst  the 

Pfe^t  to  the  iiriRoner  at  the*  Imr,  sir  Wilham  Par- 

tvnsi,  hn^inu^  a  great  ciMtfidrnce  in  hinu  and 

ltd  ari|naint  him  he  had   «uch  a  commission^ 

ird  heiihewed  it  hino,  and  iltat  commission  i^as 

1  kvy  v<ar  a^-atnat  the  k  10*^*8  pennon;  wliich 

liliey  tm)k  to  lie  a  HutBcient  authority  tor  itiem 

»  assassinate  the  king^V  person. 

Gentlemen,   in  order  to  the  arcompHsliing- 

fthis   horrid    eonspiracv,    there    were   several 

Deetin^  and  euitKultatitms  had,  at  whic  h  the 

'  }iri!»ifner  at  the  bar  was  presi  nt,  and  very  ac* 

tire      Sometimes  they  met  at  captain  Porl«r'ii 

lodo'inijfSi  at  another  time  at  the  Na^'s-Ht^itd  in 

Covent-Garden^  at  another  time  at  the  S*m  in 

the  Strand,  and  amuher  time  ut  tl;e  GJiibe  m 

Hat  tun*  Garden,   in  order  to  accomphsli  this 

deiii^D  :  and  at  the«e  meetings  you  will  hear 

they  did  propose  several  waya  and  methods  for 

the  execution  of  it ;  and  several  persons,  par- 

ticuliHy  one  of  them  Unit  have  sufTeiTd  (he 

puoishirieiil  of  die  luw  for  this,  were  app«»Hilefl 

to  go  and  view  the   i]f round,   wtn^re  the  km^f^i* 

persnu  mig-ht  m*nit  conveniently  he  as>^aulied. 

Mr.  itiiiLf,  that  was  execuieii  fur  it,  was  one, 

captain  Piirti'r  was  aouiln  r,  und  mie  Knight- 

ley  was  the  thinl ;  nnd  these  did  tfo  to  avv  the 

ground.     And  the  duy  before  they  went  there 

was  a  meetiner»  at  w  Ikich  was  prenen^  tlie  pri- 

Honer  at  the  bar,  and  others,   wbereni  it  was 

concluded  upon,  (hat  they  nhimld  1^0;  and  titey 

Hent  iiecordni^rly  to  %t^  thi^moit  convenient 

place  for  it.     They   went   (o    Brentford,    uud 

mftei  wards   to  the  other  siile  of  the  v*oier  to 

Hicbmond,  and  surveyed  nil  the  i^round;  and 

the  place  they  pitched  nnon  us  the  moitt  proper 

for  their  pnrpiise,  ^1  ns,  wlien  his  tna  jeirty  hhoidd 

return  frnn»  bunting,  to  do  it  in  the  lane  betwixt 

Bfenlf«»rd  and  Tuinham-Greeu.     And  arconJ- 

iuuly,  when  they  relurneij  m  theeveuint;,  ihi^v 

ranie  hy  upjioinmient  to  the  ^alace  wliere  tlie 

reiit  of  (he  iiCcompUce«  were  to  meet,  at  the 

Nau*S'Head  t»vero  in  Sl  JannV*,  anil  g-ave  an 

account  of  Ititir  proceeding  ;  and  at  tliut  nu^t- 

infj  likewise  was  sir  Wilhaui  Pttikyn»4,  thepii- 

loner  at  itie  bar,  Mr.  Chumock,  and  &<rve>ial 


and  i\li'.   Kinif's  es|iedition,   they  did 
the  thinfif  should  be  done  in  that  place, 
(hat  it  shrndd  be  done  in  this  manner. 

Sir  George  Bajrcley  with  about  difht  or 
in  his  party,  who  were  to  be  cbctsen  out 
the  other  p&iiitst  were  to  aasault  the 
coach,  and  cndeatour  to  kill  the  kiui^i 
the  rest  that  were  inlheoo}»cb  with  bim, 
the  others  in  two  parties  were  to  atti 
^nardji ;   and  the  nnmber  in  all  vrasto  bei 
40.     This  wa?.  fully  affieed  rtf>on 

And,  jfcnileinen,  ihe  Jir^t  time  that  thty 
solved  to  put  t  his  traitoriius  desist  in  exe    *" 
was  (he  15th  of  February,  which  vraa  a 
ihv,  the  usual  day  that  the  kini?  w 
eo  a-hunling  on  ;'  hut  it  bappeneil 
provideuci:,  that  ihe  king  did  not  go 
duy. 

They  had  contrived    further,  to  i 
thintr5iure,thEit  there  should  he  two 

whom  they  eal ltd  orderly  men,  wliol^. 

idaci  d  fit  keiiRmArt«jn,  to  t/ire  notice  vvhet] 
kin^  WL'ot   ahroiu) ;    nod  Chambers   waa  1 
and  Ouraocc  that  was  a  Fleminif  was  aa 
and  Durance  whs   likewise  en»ploye4 
the  inns  about  Turoham-Gieen  and  P 
for  the  h*d;4injr  of  their  men,   who  we 
placed  two  or  ihrte.in  an  inn,  that  the 
nut  tie  oliserved, 

Genlleri[>en,  the  first  day  appointed  ftiri 
acf^omplitihirrii^  this  cit^Lgn,  whii'li  wa^i  the  ij 
of  February,  being  over,  and  tlie}  dif&appoia 
yet  they  ihd  aJ'ierwards   reaolve  to  go  oni 
execute  it.     And  the  nest  Saturday,  \%  bu  " 
the  'i2d  of  Pehruary,  <vas  pitched  n|H 
time  of  e\'tH!u(ion  ;  and  accordingly  c 
the  21^t  of  February,  the  d.iy  befort?,  I 
a     ineetiog    at    the   JNaifV-head  in 
GanloD  ;    and  there  was   prcs^ent  sir 
Barclay^  capl.  Portor,  and  several  otlietn,! 
ajnongst  the  re**!  (lie  [»risontT  at  the  bar 
there  :  they  had  nt  tir.st  some  discoursa  an 
them  that  they  utre  in  doubt,  hcc^tuse  ofl 
first   disappointnvent,   wlieiber  there  had 
been  Kome  discofcry,  hut  that  dootit 
over;  for  il  was  said,  it  couM  not  I 
then  they  shnulil  not  Jiave  Iw-en  there  t^ 
That   seemed  probslde,    nnd    the   dia 
nieut  was  imputed  to  sotne  u«  (;ident ; 
gave  them  new  asi^urance  to  go  on,  and  1 
were  reii^olvetl  to  do  it  in  the  nan^e  itisni 
OS  they  had  formerly  resolved,  on  the  uext  1 
which  was  Saturday, 

Geollemen,  at  that  rneethig  Mr,  Porter 
quaiuted  (hem,  that  he  ha«l  tlie  mi^fortun 
hiive  Rome  of  ln.<i  horsesi  falku  sick  or 
and  he  acquainted  the  prisoner  v»ith   it; 
sir  U  illiam  P^irkyns  wa&  careful  to  sop 
with  other  horses,  and  (old  him«  he  cou 
note  from  one  Lewis,  who  I  think  is 
the  horse  to  my  iord  Feversham,  to  gel 
hor^ies;  and  accor<lin<r|y  he  dtd  send  a  QOte| 
three  horses  to  >lr.  Lewis. 

U|>on  the  29(1  of  t^ehruary  in  the  roor 
w  hieh  waa  the  time  lur  the  execution  of 
bloody  CO n s pi mcy,  they  had  met  together,  1 


I  aud  upon  the  report  of  captain  I'orter    rasolved  to  go  on  widi  it^  aud  put  it  in 


/Jrr  ftigfi  Treason, 

r  had  Eiotice  from  Chamb^rSt 
twfrnij  Ihtit  dav,  and 
ivm  &U,  tlitukliig 
ordered  n\\  thitiiifs 
crward$^  about  oue 
e«v9,  that  the  kin^ 
Uuitrds  w«tre  all  come 
icir  hoi-ies  l>ein^  all  of  a 
i  were  sent  back  to 
itn  to  be  in  a  ip^eat 
Jtt  the  thing  hud 
This*  ifentJe- 
acLtmiit  how   it  will  appear 
r«  at  to  the  eottsfYiriic y  ot  as- 
kin^i  aod    f^t'       t        etiiig^^ 
tvliout  it ;    :•!  ise  pn 

vir    WtllififU    ka\H\t\St    WAS 


there  wilt  be  a  little  more 
if  kl  be    oeccssiry,  to  confirm  this 
,  Aud  to  uUtew  titi  Tturi  lUat  the 
ir  hait  iu  thi^  ie^  this 

cy  ;  for  it  ^    ^r,  that 

EtnAl  a  cotnruU'Kiim  trorii  the  late 
Irai.ve  a  re^i intent  of  horse,  and 
Tiijfr  imo  Fraiic«>  to  in?ite  the 
rith  lO^OOO  French  ;  so  he  had 
aliou  at  arifiJi  to  be  rendv  fot' 
About    Michaelmas   loKt  the 
nt  a  pari'^t  of  gt»ods,  as  he 
v^re  put  iotii  ettjien,  I  thiirk 
j^bt  small  boxeSf  put  into 
and  tent  down  by  his  order 
Dill  oiie  H  ay  wood.     1 1  se(?mt» 
in«rrie«J  Mi\  Chamoek's 
f k  writ  A  lelUr  to  him,  and 
wotjld  give  ail'   William  Far^ 
djfe  s-omp.  (roods  there^  which 
jrst  not  trust  thnn 
r.shire»  because  his 
[Ibere  iu  li>ok  alier  ihem  ; 
I  that  letter  Mr.  Hay  wood 
:  tbe  goods  should  be  earned 
'  were  so,  and  there  ibey  were 
I  and  kept  till  thin  barliarous 
Hvereti;  then  you  will  tiod, 
bar  lent  his  own  scrvaDt 
ijf  w^fkmt  the  diacovery,  and 
t  JnwiMsdiatcly  '  ■ "  ^ -^  ^ '  ^  is  E 11  * 
W  m  llw  g^room,  ii  alter  his 

I  fo  diMrii  to  Wmi  t^..  ^^.liic  lo  one 
»Imi  canicd  llie  gooda,  and  desire 
lo  reniore  tho^e  gooAn, 
II «  them  privately  f  and 
hide  them.  And  ac> 
be  came  there,  which 
id  acquainted  Evans 
liad  ordered  him,  and 
bt  with  a  cart  to  IVlr. 
it  was  late,  and  they 
lillllieDext  mominif,  thej 
s^d  titey  could  stay  no  lontfer 
rtmive  tlic  gcKids  iiti mediately,  and 
{y  IAmtv  prer<  csnried  from  thence  that 
pir  mfliMD  Ftekym'a  own  house  in 
iirit ;  m»4  tbcre  tbev  were  buried  in 
i*     Hm*  m^  uua  mme  of  this 


fwttaiday  I 


ist\ 


A,  D.  1696- 

great  valae  were  put  into  the  grotinJ  to  pre* 
sertethcra.  But  after  this  di^cot'ery.  sir  Wil*  • 
liam  Parky ns  beingf  accused,  and  his  nume  put 
in  the  proclamatioo,  and  search  bem^  ordered 
to  l)e  made  at  his  house,  thej*e  tfofwls  thssi  hiy 
hid  at  Haywood's,  and  upon  tlie  removal  thence 
were  thus  btineil  in  the  g^mund,  came  to  be 
discovered,  and  the  cases  were  brokca  open, 
and  then  they  did  appeur  to  be  tr^'^^'*  of  an  ex- 
traordinary nature  indeed,  for  you  will  dndthey 
were  horse  arms  for  troopers;  thcfc  were  twa 
nrjd  luirty  carbines,  live  and  twenty  ciises  o£ 
pistols,  and  aboni  forty  oitd  swonls  witl>oQt 
ilih*  upon  them  t  but  thenilti*  lay  loose  hy  ihem; 
so  thai  this  will  make  it  apparent,  without  dis- 
pute,  how  tkr  the  prisoner  at  the  Imr  hiiii  en** 
Ij^n^ed  in  this  conspirBcy,  and  wlmt  prepara- 
tions he  had  made  for  the  execution  of  it. 

Cteotlemen,  it  itiJI  appear  ^arlhci  ag^iinstthe 
prisoner  at  tlie  bar,  ihi^t  he  Imtli  had  a  Lon-* 
siderahle  number  of  horses,  that  hiivc  freiiueut-* 
ly  been  brou^^ht  up  from  hi<f  hoo<e  in  Hert-^| 
lords  hire,  to  the  George- inn  iu  Hoi  born. 

But  before  ivecome  to  that,  I  woiiiil  acquaint^ 
you  withf  another  particular  port  of  our  evi- 
dence,   that    is  precedent  in   point  of   time,t 
ALK)ut  Christmas  last^  tbe  pitsoner  did  acqiiainir 
one  f!»w€et,   who  is  an  officer  in   the  Excifl©, 
(and   1   am  very  Morry  that  we  should   havo 
;iny  such  ofBcers  that  should  be  thought  tit  tc» 
be  intrusted  with  secrets  of  this  nature)   sir 
WilUam  Parkyns  acqaainte«1  this  Sweet,  au(|< 
f^re  him    anac^couutthat  he   liad    loii;^  had 
au  ajisurance  that  king  James  would  land  ;  but 
now  ho  had   it  under  his  own   hand,  that  bar 
would  land  very  speedily,  and    ih^t   be   had 
made  preparations   ibr  that   (turpose  to  meet 
him.     That  ^reat  things  were  expeijicd   iiont 
him ;   that  hU  own  troop  was  rt<ar|y,  and   ifi- 
ci»nsisted  chleAy  of  old  soldioi-s  ;    ami  that  se^  I 
vcral  persoas  who  had   been  ofBcer^  woidd  be  ' 
volunteers  under  him.     He  said  he  intended  t<»  I 
go  into  Ijeicesiershire,  and  there  he  was  t4i 
meet  several  gentlemen  from  the  North,  and', 
from  the  West,  to  consider  and  settle  a  cor* 
resjiondence  how  to  meet  the  lute  kingf  upon  , 
his  laiidintj;-  ;  and  acoordlng-ly  str  William  P^ir*  i 
kyri?i  did  g-o  ;  and  you  will   hare   an  account  ' 
that  he  came  to  Leicester  on   Friday   night*  i 
one  Scudamore  went  along"  with   him';    lhert*'| 
be  staid  all  Saturday »  and  a  qfood  part  of  Sun- 
day.     Inhere  came    isereral    persons  to    bim  j 
while  be  was  at  Leicester^    parlictilaHy  oik  J 
captain  Yarborough;  the  soo  of  sir  Thoma»j 
yarboroui^h,  and  a  parson,  whossiii  they  came  J 
as  fiir  as  froui  York  to  meet  sir  WilUarn  Par* 
kyns  at  Leicester  ;  and  theje  was  ^rtat  resoti 
tluther  at  that  time,  as  you  will  hear  tVottj  tin 
witnesses.    Sir  William   Parkyns  came 
a<^ain  from  Leicester  to  Brick  hit)  that  ni^h,^ 
and  retiiracd  to  his  own    house  on  Mondaj 
ni|^ht ;  and  a^ler  his  return,  he  acquainted  1 
Sweet,  t4»at  he  had  been   his  journey  to  Lei«  I 
rt^Kier ;    that  he  met  with  several  gentlemeal 
therefrom    the  North,  and  other  places,  anill 
had  settled  a  correspotideocy,  and  had  foantj 
them  all  tulty  eiigii|^d,  «Qd  w«ll  mdiaed  ,  all'l 


88] 


8  WILLIAM  m. 


Trial  »f  Sir  WiBiam  Parh/iu, 


[fl 


weot  well,  and  thert  was  no  dan^  of  any 
miicarriage  at  all ;  and  thia  waa  about  January 
lait,  that  thia  expedition  was  made  by  the  pn- 


And  now,  gentlemen,  as  to  that 
about  the  horaes,  which  were  ao  frequently 
brought  up  this  last  winter  from  his  house  in 
Hertfordshire,  to  the  George-inn  in  Holbom, 
there  is  one  very  unfortunate  circnmstance 
that  attenda  this  matter ;  that  is,  that  these 
horses  were  brought  to  town  just  the  several 
nighta  before  the  King  was  to  be  assassmated  ; 
fur  upon  Thursday  the  ISth  of  February,  he 
being  in  town,  sent  diredMna  to  his  groom  to 
bring  up  three  of  his  horses  on  Friday,  which 
waa  the  14tb  in  the  afternoon,  and  all  these 
horaea  were  fumished  with  pistols  and  fnr- 
nkora  for  troo|)ers ;  according  to  those  direc- 
tiena  his  servant  brought  up  the  three  horses, 
and  be  came  and  acquainted  bis  master  that 
ih&w  were  brought  up  according  to  his  order ; 
sur  WilKam  Parkvns  waa  then  at  hia  lodgings, 
which  were  in  the  same  house  where  Blr. 
Charaoek  did  lodge;  when  hia  man  had  told 
bias  the  horses  were  come,  he  pretended  at  first 
Ihat  be  had  some  thonghts  of  ffoing  out  of 
ISfwa  that  evening,  but  that  he  bad  changed 
^  bia  asiDd,  and  would  go  in  the  morning ;  and 
'  be  would  have  the  horses  ready  against  the 
Bexl  ■MNning,  which  was  Saturday  the  15th, 
the  first  day  upon  which  the  assassination  was 
intended  to  be  put  in  execution. 

The  next  morning  when  his  man  came  to 
bim  again,  he  had  changed  his  mind,  and  he 
would  not  g<)  out  of  town  in  the  morning,  but 
be  would  igii  in  the  afternoon :  and  it  will  ap- 
Vetrthat  he  did  not  go  out  of  town  that  day,  nor 
the  next  day,  nor  till  Monday ;  and  then  the 
desikfu  had  mi&ca fried  by  the  king's  not  going 
abroad  a  Saturday,  and  the  horyes  were  car- 
ried back;  and  when  he  went  out  of  town 
upon  Monday,  one  Holmes  went  along  with 
bim,  and  he  went  with  him  to  his  house  in 
Hertfonishire  ;  and  there  he  sthid  until  Friday 
after,  which  was  the  day  before  the  next  time 
that  was  appointed  for  the  execution  of  the 
JMsassination.  And  upon  the  Friday  they  came 
up  again,  and  then  there  were  more  horses, 
four  or  five,  that  were  brought  up  that  day ; 
and  all  of  them  with  pistols,  and  jack- boots, 
and  other  furniture  and  accoutrements  fi»r 
troopers ;  and  thesie  came  to  the  Ge<>rge-inn, 
where  sir  WilliHtn  Farkyiis  (^ve  his  man, 
Eubank,  ptirticiilar  orders  to  be  very  early  the 
next  morning  at  Keusin;r(uit  ;  that  was  the 
S9d,  and  he  was  to  go,  as  he  told  him,  to  one 
Brown,  tliHt  he  said  w>ik  eoncemefl  in  iheking*s 
kitehen,  an«l  hve«l  two  doors  otf  the  gate  that 
turns  itp  to  the  kin(X*s  house  ;  and  he  ivas  to 
t**ll  hi'u  he  was  sir  W.iliam  Parkyns^s  servant, 
but  ilmt  he  cume  from  a  man  that  loilged  at  a 
confei'tioner's  housr  over  ugaiust  Gray's  inn  ; 
in  which  place,  by  tiie  description  of  ihe  person, 
yiiu  will  liiid  ffir'Ge.triff'  Uarcloy  l-Mlged. 

Till*  man  went  aerontiui^ly  ai  eight  o'clock 
in  I  he  muniing  to  KfiiMugton,  and  inquired 
•ut  this  Brown,  and  met  with  him,  and  udd 


him  he  was  sir  William  Parkyna's  servant,  bt 
came  from  the  gentleman  that  lodged  at  tl 
confectioner's  in  Holborn.  Brown  said  he  bi 
nothing  to  say  to  him,  but  bid  bim  gire  hu 
his  almanack,  and  he  writ  in  it,  that  he  woo! 
be  in  town  in  two  hours  himself  and  wait  npi 
him  ;  and  bid  bim  carry  that  to  the  roan  tw 
lodged  at  the  confectioner's :  And  this  Bnm 
by  the  circumstances  of  the  whole  roust  on 
bably  he  one  of  the  orderly  men  who  lod^ 
at  Kensington,  to  give  notice  when  the  bM 
and  the  guards  went  out, 


Sir  William  Parky na's  servant  came  back  1 
the  confectioner's  house,  and  there  he  vm 
with  a  man  that  went  by  the  name  of  Rnnn 
he  will  tell  you  be  was  a  Scotch  man,  fir  1 
spoke  broacl  Scotch,  and  he  will  give  yoe 
particular  description  of  the  man,  o^  whiehi 
believe  it  will  annear'tbat  it  was  air  GeM| 
Barclay.  Sir  nilliam  Pirkyna*s  senrant,  m 
ter  be  had  delivered  his  message  td  tb 
Rogera,  came  back  to  hia  master,  andtoM  bii 
he  had  done  hb  errand  according  as  he  wi 
ordered ;  and  air  William  Parkjrna  aaked  bi 
what  RcH^ers  said,  and  be  tohi  him  thai  lie  b 
bim  tell  hia  master,  if  he  wouki  come  to  bim,  I 
would  he  ready  at  home  for  him.  This  Wi 
upon  Saturday  morning  the  S9d  of  Febrosij 

About  eleven-a*ck>ck  that  day  air  Willm 
Parkyns,  and  this  Lewis  that  we  s«4w  t 
before,  came  to  the  Geor^*Inn ;  and  Uierei 
William  Parkyna  asked  his  servant  whether  I 
had  received  any  more  than  two  saddles^  I 
there  were  two  aaddles  sent  in  thither,  aooni 
ing  to  an  order  that  had  been  given,  to  ftvnb 
two  other  horses  that  stood  there  at  the  Gceig 
Inn,  and  which  air  William  Parkyns  toU  I 
groom  bekNiged  to  two  friends  of  his,  snd  b 
hint  he  sore  to  take  care  of  them,  sod  te  m 
them  well  fed,  and  ordered  two  saddles  Is  1 
boui<bt  for  them.  Lewis  said  he  did  tbbi 
they  had  more  Chan  two ;  hut  yon  will  see  b 
the  evidence  tbat  this  same  Lewis  had  pv 
vided  thirty  saddles  for  sir  William  ParicyM 
but  there  seemed  to  be  a  controversy  betwbl 
them  at  that  time  how  many  had  really  bsi 
sent  in,  and  Lewis  affirmed  there  waa  twso^ 
four ;  but  sir  William  Parkyns  said,  1  fart 
had  but  twenty -two  of  the  thirty  yet,  fbr 


have  but  two  brought  in  here,  and  I  ] 
before.  This  you  will  hear  fully  proved ;  ■ 
I  think  it  is  impossible  for  any  booj  to  holiT 
but  that  all  this  preparation  of  aaiUlleo,  |nsM 
boots,  and  other  things,  must  convince  rf 
boily  of  tlie  prisoner's  being  so  far  engaged 
thisdesign,  tnat  he  can  never  answer  it  wills 
lilfiving  you  a  very  good  account  what  t 
preparation  was  for. 

Gentlemen,  a  great  part  of  thia  will 
proved  to  you  by  one  that  acted  in  it,  ss  ^  ■ 
vaut  to  sir  William  Parkyna,  that  is,  as  tf»  ^ 
coming  up  of  the  horses,  jack- boots,  ptalM 
and  other  arms  at  that  time ;  and  that  wi 
on  the  last  Saturday  it  was  disappointed,  all  ^ 
horses,  mit  only  tho^  air  Williani  Psrtd 
brought,  but  the  other  two,  went  nwsyfi 
great  hurry  and  ooofuiieo,  and 


jvf  High  Treasctu 

rj  of  tliHO  more ;    otifl  that  will  be 
Lliv  sertan[i»  in  tbc  very  tnti. 
ISteiUoo^n^    I  h-  [  ened  lo  you  the 

wma»madMlAtCiilii     >  v;  ^ewtUcatlour 

wiaim^Mt  muff  mmki:  a  out  very  undeniably 
urftiApEi^fftrmMr,  atir)  thr^refurc  I  will  not  give 


OfLFm 


i  .  ler.  (Wlio  was  sworn.) 

M/ rnrr,  ^HL*v  vwll^ou  ifive  the  court  and 
11b /^  an  i&frcoiiitt  of  the  meeting;' at  the 
Ki^j^Bead  iti  LemileuhAll- strict;  and  who 
atui  wbiit  rvsututiuns  and  aj^ree* 
cam 45  to  f 

'fr<-.  About  the  Utter  end  of  Mny 
ij^  bcpicvokif^  of  June,  there  were  two 
p  li«il«  til*  one  was  at  tiie  Ein^ V  Hend 
,  the  other  waA  at  Mrs, 
Dear  tiriuhu  FeuwickV  At  the 
I  there  was  tii^  loni  of  Ail es bury, 
gi  iti  HflOigoaiery,  air  John  Freind,  Hir 
mSkm  P^tf  tt^  the  prisoner  at  the  bar,  ijir 
iM  PflBwk£^  capl.  Cbarnock,  Mr.  Cook, 
Mr.  0aodinan  came  in  after 
tberr  we  c»n«ulted  which  was  the 
hmmy  §Siw  hdo^  Jameses  comtDfr  in  ;  and  we 
timing  lo  seud  a  tDessenger  to  him,  to 
Ui  hem  o^vTf  ami  to  desire  him  to  interpose 
li*  ths  Fmacb  kioff  for  tbe  ^ettio^  lO.mo 

mm  ii»  cttBtf  <w^  viab  y^t  8,000  foot,  1  ,uoo 

l^aad  1,000  drvgoooa.  It  was  then  con  si  ^ 
4Mi«i«  ibiittM  oeaenii  and  all  the  com- 

,  ptff  afvtvO  Mr.  Cbaroock  was  tiie  properest 
IVA     ISaj«  Mr.  Cbarnock,  if  you  send  me, 

'  pl  Irfl  Hit  what  «rrmod  i  shall  ^i  upon  :  We 
« ttiMJii  tHrn  affree,  that  he  should  ai^ure 
ti^i*  if  be  would  ooina  ortrr  at  such  a  time, 
^w«|i|«MCt  him  with  a  body  of  2,000  horse. 
kt.UoL  Did  tJharoock  uudertake  to  go 


^mp«  Yia»i  be  did|  and^to  profiOBe   this 
B^tt  kiiB,  ihat  he  minflit  projjose  it  to  the 


J  fiat  the  gettujt^  of  the  raeo. 
^  G«a.  lSd<>re    you  go  away,  1   desire 
iii  if  |««  one  tbtajTi  (iid  sir  \VLlham  Par- 
ner  si  the   bar,  agree  to  the 
»*-*l'«r<cr.  Y*^a.  be  did. 

Had  you  aoy  other  meetinf^  about 
,  and  wbeti  was  it,  and  who  was 


Mj  lord,  captaiii  Ctiarnock  said  at 
ool  go  of  a  foolish   me$.<iage 


y  ^fmtpm  m%  aU  agreed  to  be  at  the  head 
^Ulliaisa  tA  mef*!  king  Sumf^  at  iiis  land* 
H  ^tytry  Qo^aiinuld  hrin^f  his*ttuom. 
^^^^    Wbeo  wa»*  th«'  Htcond  uieeting, 
^ H«»  »ii  it,  and  w bo  was  there,  and  what 

j^*^   "  nt^  was   at  Mrs. 

*^T  nioi'k  fln^ircd  ui« 

Uk*-ii,  In  line  tie  Mrenl  awtiv,  lo 
*4r  kept  iu  our  first  retiihiuou  ? 
••^iacTiw  to  what  WM  resolved  upon  at 
'iM  kt  «4id   b^  would  go  in  two  or  three 


CQiDpany  a  me  lo  it  then  ? 
y  4idt  8ir,  ^  that  met  at 


SoL  Gen*  Pray  Dame  ihcm  orer  again  vb© 
they  were  ? 

Porter.  Sir  Wdtiam  Parkyns  was  Actually 

there,  and  my  lord  of  Aijesbury,  and,  sir  Jobtt 
Freind,  and  captain  Charnock,  Mr.  Cook,  atid 
myself;  1  cannot  teU  whether  my  lord  Mont- 
gomery was  there,  or  Mr.  Goodman. 

Att.  Gen.  Pray  when  did  you  see  captatn 
Charuock,  or  speak  with  him,  after  iliat? 

Porter,  It  was  when  f  was  in  priJion  about 
the  riot,  and  he  told  me  he  had  heen  ilii^re ;  but 
there  would  be  nothing  done  m  that  nmtter  at 
present  for  king  James  said,  the, French  king 
could  not  tlicn  spare  so  many  men,  though  hd 
thanked  us  lor  our  kind  o6ff  r  :  and  he  said  he 
had  been  with  my  lord  of  Ailesbury,  sir  Wil- 
liam Parky  OS,  and  the  several  other  people  of 
quality,  which  he  did  not  name^  end  had  car* 
ried  them  the  particular  messages  that  he  had 
in  command  from  the  king  to  carry  to  them. 

Att.  Gen,  Now,  pray  tell  us,  what  yon 
know  about  the  desit^-n  of  assassinating  tlie 
king,  and  what  hand  the  prisoner  at  the  bar  ws8 
to  hare  in  it  ? 

Porter,  About  some  weeks  before  I  keaH  of 
the  assasaination,  1  came  to  lodge  io  the 
bouse  iu  Norfolk -street,  where  capt.  Charnock 
lodged  ;  and  where  sir  William  Parkynslodgetf 
when  he  came  to  town.  Most  comitioidy  we 
used  to  go  in  the  evening  to  the  tavern,  or 
drink  a  botde  of  wine  at  our  own  lodgings; 
and  one  morning  I  asktnl  Mr.  Charnock,  if  I 
should  see  him  at  night  ?  He  said  he  was  en- 
gaged tu  private  company  for  that  night,  and 
he  could  not  go  with  me  to  the  tavern,  For^ 
says  he,  there  are  some  gentlemen  that  are 
lately  come  from  France,  and  there  is  sume- 
Ihing  lu  be  done  for  the  king*s  service.  If 
there  be  so,  says  1^  p^^J  1^1  ^^  be  conecTnei) : 
Says  he,  ihey  are  tut  newly  come,  aud  they 
wiFl  s«e  UMbrtfly  else  hut  meat  present.  A 
little  at^er  I  fefl  sick  of  a  fit  of  the  gout,  and 
Mr.  Charnock  came  to  Tisil  roe,  and  wc  tell 
into  discourse,  and  1  asked  him  alvout  those 
gentlemen  that  were  come  from  France,  what 
they  came  about  P  He  told  me  it  was  sir  G. 
iiarclty  that  came  fr«»m  France,  and  several 
other  officers  with  him»  and  that  he  had  a 
commission  front  the  late  king  Jaiuc!^  lo  levy 
war  againsit  Ihe  person  ot  king  William^  or  the 
prince  of  Orange,  as  I  thifik  it  was  named  La 
the  commission. 

L,  C.  J.  Who  told  you  thi^  ? 

Portfr,  It  wa-«*  capl.  Charnock  r  ho  desired 
|o  know  how  many  men  1  could  bring.  I  do* 
sired  a  little  time  to  consider  ;  but  I  sititl  there 
would  be  a  great  many  wuuld  Join  if  the  kin|^ 
landetL  whom  I  did  not  think  lit  to  Iruutt  with  « 
thing  of  this  nature  befurp-hand.  Some  few 
days  al^er,  capt.  Charnock  <tame  into  my 
chamber,  and  brought  sir  Gin»rgf  BarcJey,  and 
major  Holmes  that  said  he  Mai»  c^mie  from 
France  ;  and  there  we  had  lutle  more  but  a 
general  iliscnurse :  But  a  litlte  aft^r  tiiat  I  got 
well  of  the  gout,  and  we  liail  several  uie«-tinga 
at  several  places ;  at  the  Glob**. tavern  lU 
HatioQ-gardtD,  at  the  Nag '••head  iaCuveiil- 


w:i 


8  WILLIAM  IIL 


Trial  of  Sir  tVHOm  Parh/tts^ 


Garden,  and  at  the  Sun  in  the  Strand,  tHiare 
sir  Wiiliam  Parkyns  was  always  present. 
And  there  we  did  consult  of  the  best  ways  to 
assassinate  the  king,  as  he  eame  from  Kicb- 
■umd  after  hunting.  Sir  George  Barcle^ 
said,  he  had  receivra  800/.  from  king  Jaines's 
secretary  towards  the  huy4og  of  horses,  and 
fbhiishing  both  horses  and  men  for  the  expe- 
dition ;  and  it  was  considered  of  how  msny 
aaen  it  ^oald  be  necessary  to  bring.  The 
Dumber  agreed  upon  was  aMut  forty,  of  which 
sir  Geors:e  Barcley  was  to  provide  twenty  ;  I 
promised  to  bring  seven  or  eight,  sir  WilKam 
Parkyns  engagH  to  bring  five,  whereof  three 
should  be  mounted  with  his  own  men,  and 
ihe  other  two  my  naen  were  to  mount  upon.^ 

Alt.  Gen.  Do  you  know  the  names  of  those 
people  that  he  was  to  mount  ? 

Farter,  I  never  had  the  names  myself. 

Att.  Gen.  Well,  what  was  done  after  these 
eoDsultations? 

.  Porter,  I  asked  captain  Chamock  one  time ; 
if  I  might  not  see  the  commission  that  king 
James  had  given :  He  said  he  had  never,  seen 
It  himself,  out  sir  William  Parkyns  had.  1 
asked  sir  William  Parkyns,  one  evening  as  we 
were  smoking  a  pipe  by  the  fire-side,  whether 
he  had  seen  the  commission  ?  He  said,  he  had ; 
and  that  because  kin^  James  would  not  trust 
any  of  his  ministers,  it  was  written  and  signed 
with  the  king's  own  hand. 

Mt.  Gen,  Pray  did  he  tell  you  what  it  was 
for? 

Parier,  He  said  it  was  for  raising  and  levy- 
ing war  upon  the  person  of  the  king,  but  1  do 
Bot  know  whether  he  called  him  king  Wil:iam, 
or  the  |*rince  of  Orange ;  but  1  suppose  it  was 
the  prince  of  Orange. 

Ait,  Gen.  Pray  then  give  us  an  account  of 
yoor  going  to  view  the  ground,  where  it  was 
■oost  convenient  to  do  the  business. 

Porter.  There  were  several  propositions 
about  the  place  where  it  was  to  be  done ;  one 
vaa  to  be  on  the  other  side  of  (he  water  by 
ambuscade  in  Richmond  Park,  the  other  was 
to  be  on  this  side  of  the  water  after  the  king 
was  landed.  Sir  G.  Barcjey  was  tor  that  that 
was  upon  the  other  side  of  the  water;  'I* 
thought  that  it  would  take  up  too  much  time  to 
go  over  thither,  that  it  was  better  to  be  done  on 
this  side ;  but  because  there  was  difference  of 
opinions,  it  was  resolved  upon  that  somebody 
should  be  appointed  to  view  the  ground  ;  and  I 
SMS  appointcSd  for  one,  Mr.  Koightley  for  an- 
other, and  Mr.  King  would  needs  go  with  us 
lor  a  third ;  and  we  three  did  go.  We  lay 
all  night  at  Knightsbridge,  and  the  next  day 
went  and  viewed  the  grounds  on  both  sides  the 
river ;  and  came  back  that  evening  to  the 
Nag's- bead  according  to  appointment,  where 
eras  sir  William  Parkyns  the  prisoner,  and  sir 
George  Barcley,  and  Mr.  Chamock,  and  we 
gave  an  account  that  we  had  viewed  both 
^cea :  And  upon  our  report  it  was  resolved, 
Ihat  it  should  be  done  on  this  side  of  the  water, 
fa  the  lane  betweoi  Bivotford  aadTunibMB- 


Ait,  Gen.  Are  you  sure  sir  William  P) 
the  prisoner  at  the  bar,  was  there,  at  tha 
ingatthe  Nag's  bead  ^— Porter.  Yes, 

Att.  Gen.   Did  be  sgree  to  the  resoh 

Porter.  It  was  in  general  agreed  to 
that  were  there. 

Att.  Gen,  Pt^Yt  captain  Porter,  tb< 
us  an  account  or  the  oays  that  were  fi 
the  execution  of  this  design  f 

Porter.  There  waa  Saturday  the  15 
Saturday  the  99d,  because  Saturday  % 
day  the  king  used  to  go  a- hunting  and  si 

Att.  Gen,  Were  there  any  men  a 
sington,  to  give  you  notice  wbea  the  kit 
abroad? 

Porter.  There  were  two  men  that 
lodging  at  Kensington,  the  one  was  one 
hers,  wno belonged  to  captain  Chamock, 
other  was  a  Fleming,  one  Durance,  wt 
over  with  sir  O.  Barcley,  and  be  wei 
day,  and  thrast  himsdf  among  the  gu 
bnog  intelligence. 

Sol.  Gen.  What  was  the  reason  thi 
was  not  executed? 

Porter.  The  first  day.  Durance 
notice  in  the  morning  that  the  guan 
gone  abroad ;  and  afterwards  then 
notice,  that  the  king  wouU  not  go  abr 
day ;  for  which  reason  we  adjourned  i 
next  Saturday. 

Att.  Gen.  What  waa  the  method  yo 
take  in  the  execution  ? 

Porter.  The  method  agreed  upon  vi 
There  was  one  Rookwood  that  can 
France  upon  this  expedition,  he  was 
mand  one  party,  and  .captain  Charn> 
myself  was  to  <M>mmand  another  | 
attack  the  guards  ;  and  sir  G.  Barclei 
have  four  men  out  of  each  party  to  at 
coach  while  we  attacked  the  guards. 

Att.  Gen.  Well,  you  say  the  first  < 
was  disappointed  by  the  king's  not 
When  was  the  next  meeting  ? 

Porter.  The  next  meeting  was  upon 
the  dsy  before  the  22d.  I  was  sick 
week,  snd  I  do  not  know  whether  1  h 
all  the  week,  or  no ;  but  upon  Friday  tl 
and  it  waa  at  the  Sun*Tavem  in  the 
There  was  none  but  sir  6.  Barcley, 
Chamock,  sir  William  Parkyns,  and  ] 
Att.  Gen.  What  discourse  was  the 
Porter.  Sir  George  Barcley  came 
said,  he  was  afraid  3ie  thing  was  disc 
J  told  him  1  fancied  not,  for  if  it  bad,  w 
not  have  been  in  that  boose  at  tb 
Then,  says  he,  let  us  go  on,  and  try 
day.  Sir  William  Parkyns  was  Bake 
horses  were  come  to  town :  He  said  tli 
come  to  town  that  night.  Said  I,  I  ha 
misfortune  with  my  horses,  two  of  t 
fallen  lame,  and  won't  be  fit  for 
Saya  he,  if  I  had  known  that,  I  cot 
brought  more  horses  out  of  the  oounti 
ssys  he,  I  will  send  to  Mr.  Lewis,  ^ 
gentleman  of  the  botae  to  my  lord  Fei 
and  I  believe  be  can  help  us  to  more 
be  will  be  with  me  to-morrow  momic 


High  Treaion* 

I  m  noltf  ftoo  Mm  for  two  more.  Id  the 
:  I  Milt  ui  hitii^  antl  he  stui  we  a  note 
I  ta  riMtont  nty  men  :  And  he  sent 
|r*  Le^i*  could  hel|i  me  to  two  or 
that  they  were  nil  ihree  sadctleil, 
lacotKitredwith  ttostlersanil  pistoh, 
'  two  bad  only  i^^ildlea.  1  did  not 
PftfkyDft  on  Saturday,  the  t^d, 
m  mtme  of  my  friend »,  who  were  to 
;  wtih  ftte  ti|>i>a  this  enterurize  ;  and  we 
H  oolicv  tliat  the  guank  were  j^fonc 
,  Mil  thai  the  king  would  g'o,  at  which 
tcry  fflftd  :  But  when  we  had  notice 
^  «itf  not  go,  we  were  afraid  the 
aavered,  and  I  went  out  of  town, 
'  Sd  iMt  mem  way  of  them  aflerwards  till 
>  t^krti. 
iu*  Cn^  J*^y*  cftptain  Porter,  have  you 
\imi  mnj  lUm^  from  sir  WjlUam  Parky ns  of 
liilanog  9.  eocninisfiion  fmm  ktnsr  James  ? 

fwft^,  I  hav«  heard  captniti  Cliamock  ask 
ttf^tein  Parkyns,  why  he  did  not  go  alony^ 
iiA«ai  this*  expedition  f  He  said,  he  did  not 
ft  liaK«  he  could  not  gt>. 

JtL  Cm.  Whs  he  not  to  be  one  in  the  num- 
Ivttal  was  Ui  act  in  the  a8SA««i nation  ? 

fmier,  S€\  ;   he  said  he  liad  other  businesa 
tili,be  liati  a  regiment  to  look  after. 
L  C*  X  Horn  inany  horses  bad  yoa  from 

f'migw^  I  bad  never  a  one,  only  sir  Wil- 
Imi  l^^rltytn  «*  nt  nie  wont,  if  1  wanted  I 
H^kave  tliree,  for  I  had  told  him  I  would 
^  theiit,  tin  1  heard  whether  the 
|Mt  iliroaNl ;  and  then  I  had  notice  that 

*^\ntt%  go, 
J'  -  mI  you  8  note  for  them? 

J  for  these  three  horses  ;    but 

Cbia«i^^  ,mjtj  tie  had  a  note  for  two  horses, 
ffr*^   Old  he  fay  he  hud  a  note  from  toe  ? 
hti^.  Ko^   ]   don^t  say  so,   sirVVjIJiam  ; 
talsaniiatiil  me,  he  bad  a  note  whither  to 
rWi«n. 

^C.  X  Will  you  ask  him  any  ijueaiiona, 
I  llrWiittB  f— far/ryju.  No,  my  lord. 

hrfmm.    My  lonl»   I    desire  he    may  be 

iiii»  WteJtcr  at    any  of   those   meetinjfs 

^■i  «w  any  ili<cour«ie  of  the  aaatasinatioQ 

li«a  tir  Wilbans  Parky na  ? 

Lex    What  May  you   to  that,  captain 

Ym|  he  waaat  all  the  meetings 
afinn^ 

nv  lord,  I  deaire  to  know^ 

.  Purkyus  die^ccHiraed  of  it 

■  '    ■      ihout  it? 

^fr  y    what  be  did 

i||aitjmiBr,  niny  he  aj^retnl  to  it,  and  waa 

^  ^  SfebcirMES  for  it,  and  »Bid  it  was  ue> 

Ir  rff't-^- '   t-r   it  would   brinif  the 

>r*  ^li  he  could  not  per- 

a,  „  U:,uiMflf,  hecaufie  he  had 

he  waa  Uv  look  after  hi^t  re- 

^  Gra.  If  air  WilUam  Parkyna  wilt  ask 
•<*•  hvtfr  no  «me«tinnn,  we  will  go  on  to 
^^oi  911000,  wbich  i«  CQ*  Abrajiatu  Sweel, 


whom    Mr,   Attorney  iDeotioned.    [He    waa 
brought  in  and  Hworn.] 

Alt.  Gen.  Mr.  8wect,  will  you  give  tht 
court  and  jury  an  account,  what  sir  Williani 
Parky  ns  said  to  you  atwut  king  James's 
landing? 

Alt.  Gen.  Pray,  will  you  give  an  account 
what  discourse  you  had  with  tir  William 
Parky  us,  the  prisoner  at  the  bar,  aliout  king 
James's  returning  and  landing  witli  French 
forces  ? 

Sweet,  8ir  William  Parkyn*  did  tell  me, 
that  he  did  expect  king  Jauiek*s  landing  ;  and 
he«aid  his  own  troop  was  composed  of  old 
soldiers* 

Alt.  Gen.  How  long  hare  you  known  nir 
William  Parkins? 

Sweet,  This  three  years. 

Ah,  Gen.  Pray  leU  the  time  when  tlits  dis- 
course was.     About  what  time  was  it  ? 

Smett.  This  was  since  Christmas,  about 
Christmas  last. 

Ait.  Gen.  Where  was  it  that  you  had  this 
dj^c^iurse  ? 

Sueet.     It  was  about  his  own  hoose. 

It'  C.  J.  What  diiconrae  ? 

Sweet,  We  were  talking  about  king  James's 
comin<r. 

L.  C.  J.  Who  told  you  that  king  James  was 
coming  ?—-5«:eef.  Sir  Wilhani  Puikyns. 

Att,  Gen,  Wiial  did  he  suy  ? 

Sorer  He  said  he  had  bnught  a  great  many 
saddles,  thirty  sadilJes  ;  and  that  hiD  own  troop 
was  composeil  of  all  old  soldiers, 

AtL  Gen.  Did  he  tell  you  of  any  assurance 
that  he  had  n\  king  James's  landing  ? 

Sueet.  Yes  ;  he  ^aid  he  had  the  kiog'd 
word  for  it  ? 

Alt.  Gen.  Was  there  any  discourse  bet M-eeii 
you  about  any  journey  that  sir  Wilham  was 
to  take  ? 

Sweet,  Yet ;  he  did  tell  me  he  was  to  go 
into  Leicestershire,  and  was  to  meet  sereral 
gentlemen  in  I#eicestershire  ;  and  he  did  go, 
and  after  he  came  back  again,  he  «aid  he  had 
met  his  friends,  and  all  was  well,  and  that  the 
west  was  as  much  inclined  t^  king  Jameses 
interest  us  the  north,  and  that  a  Lord*s  brother 
was  concerned, 

Att,  Gen.  What  other  discourse  had  you 
about  this  matter  ? 

Sii?eei,  Nothing  eis^t  as  to  particukrs ,  that 
I  can  remember. 

Ait.  Gen*  What  orders  bad  you  to  come 
up  to  town  in  February,  and  when,  and 
from  w  hom  ? 

Sweet.  Sir  William  Parkyns  sent  forme, 
and  he  sent  me  a  letter  about  the  11th  of  Fe- 
bruary that  I  should  come  to  him  the  neict 
day  ;  and  I  diil  come  the  next  day. 

Att.  Gen,  Whither  did  you  come?  Where 
did  you  find  him  ? 

Sweet,  At  his  lodgings  in  Norfolk-street,  at 
the  house  where  Mr.  Chaniock  lodged ;  and 
after  I  had  spoken  with  sir  William  Parky  us 
about  the  letter  which  he  had  sent  me  to  come 
up,  he  told  fixe,  that  ibe  busineas  that  he  bad 


91]  8  WILUAM  UI. 

designed  for  me,  he  did  not  think  fit  I  should 
do,  because  of  ray  family. 

AU.  Gen.  Pr.iy,  what  directions  had  you 
fipom  him,  what  you  were  to  do  when  you 
went  into  the  country  ? 

Sweet,  When  1  went  into  the  country,  be 
ordered  me  to  go  to  his  house,  and  send  up 
three  of  the  strongest  horses. 

Att.  Gen,  When  was  this,  do  you  say  ? 

^weet.  It  was  in  February. 

Alt.  Gen.  What  time  in  February  ? 

Sweet.  The  elefenth  or  twelAh,  which  was 
Wednesday  ;  and  at  my  going  awav,  he  told 
me  if  i  had  not  a  letter  from  him  the  Friday 
following,  I  should,  come  to  town  affain.  1 
did  come  to  town  agfain,  and  then  he  asked  me, 
if  I  had  made  provision  for  my  family  ?  I  told 
him,  no ;  then  he  asked  me,  why  1  came  up 
to  town?  He  told  me  I  might  go  into  the 
country  again  on  the  morrow  morning. 

JLC.f  What  did  he  tell  you  f 

Sweet.  He  said  1  might  go  back  again  into 
the  oountrv.  I  came  upon  the  Saturday 
morning  to  nim. 

Att.  Gen.  Pray,  what  day  was  that  Sa- 
turday ? 

Sweet.  I  belief  e  it  was  the  13th  or  14th  of 
Februaiy. 

Att.  Gen.  You  say,  Wednesday  was  tlie 
twelfth  ? 

Sweet.  Yes,  I  believe  Wednesday  was  the 
12th,  and  I  came  to  town  the  Friday  afW  that 
13th,  that  was  the  14th,  and  on  the  Saturday 
I  went  home  again. 

Att.  Gen.  You  say  vou  cams  to  him  on  the 
Saturday  morning,  what  passed  between  you 
then? 

Sweet.  I  went  the  next  morning  to  sir  Wil- 
liam Parkvus's  lo4lgings,  but  he  was  gone  out, 
and  had  fet't  word,  that  1  must  come  again 
about  eleven  of  the  clock  :  I  did  go  about  that 
time,  and  he  was  nut  come  in,  and  there  I  met 
Mr.  Chamliers,  and  one  Mr.  Lee,  whom  i  had 
eeen  there  the  niulit  before. 

Att.  Gen.  And  what  discourse  had  yon  then 
with  them  ? 

Sweet.  We  had  little  discourse,  for  I  bad 
only  seen  them  the  night  before  ;  but  I  think 
Chambers  toitt  me  he  had  been  at  Kensington, 
and  I  desireil  to  know  what  news  there  ;  and 
he  told  me  William  kept  as  close  as  a  fox ;  and 
he  shewed  me  his  wounds,  and  said  those 
wounds  wautetl  revenge. 

Att.  Gen.  Where  did  he  say  he  receifed 
those  wouuds  ? — Sueet.  At  the^oyne. 

Sol.  Gen.  Pray,  Mr.  Sweet,  did  he  tell  you 
for  what  use  his  troop  was  ? 

Sweet.  He  did  not  tell  me  positively ;  but 
I  understood  it  to  be  to  join  king  James  when 
he  landed. 

Sol.  Gen.  Pray,  Sir,  where  did  you  dine 
that  Suiurday  P 

Sweet.  With  sir  William  Parkyns,  and  Mr. 
Charnock,  and  Chambers,  and  one  or  two 
more  that  1  did  not  know. 

Att.  Gen.  Will  y  ou  aik  him  any  quettioDe, 
aic  WiUiam  P 


Trial  qfSir  WiUiam  ParJcym, 


[H 


Farkym.  Did  I  tell  you,  Mr.  Sweet,  that  I 
had  a  troop  of  horse  ? 

Sweet.  I  will  tell  you  your  own  words,  and 
no  other :  You  said,  vour  own  troop  was  ooa- 
poeed  of  old  soldiers  r 

jL.  C.  J.  Pray  let  me  ask  yon  one  question  | 
How  many  horses  were  you  to  bid  the  mante 
bring  up  to  town  ?^ Sweet.  Three,  my  lord. 

Att.  Gen.  And  were  they  not  his  strongHt 
horses  ? — Sweet.  Yes,  my  lord,  the^  were. 

Att.  Gen.  Did  he  say  any  tbmg  to  jea 
about  volunteers  ? 

Sweet.  Yes ;  he  said  there  were  some  fn» 
tlemen  that  were  captains  and  old  officers  thil 
would  be  volunteers  under  him. 

Farkjfnt,  Pray,  where  were  those 
spoken  f 

Sweet,  Either  in  your  house  or  in  the  { 
I  cannot  tell  directly  which,  but  Btnm 
about  your  house  it  was. 

Purkym.  Where  is  that  house  P 

Sweet.  In  Hertfordshire. 

Farkynt.  Then  I  am  in  your  lordiiiip^ 
judgment,  whether  words  spoken  ia  Hei^ 
fordshire  can  be  an  evidence  ot  a  treason  edai 
here  in  Middlesex  f 

L.  C.  J.  Sir  William  Parkyns,  if  there  he  ■ 
design  to  kill  the  king,  and  there  are  aevml 
overt  acts  to  prove  that  design,  and  one  ie  ii 
one  county,  and  another  is  in  another  ooaefefi 
the  party  may  be  indicted  in  either  of  tM 
couuLies,  snd  evidence  may  be  given  of  httk 
those  overt-acts,  though  in  several  conntriik 
It  is  true  you  being  indicted  in  MiUdltiH 
makes  it  necessary  that  some  evidence  ihnnH 
be  given  of  some  things  done  in  Middlceev,m 
there  is ;  as  your  meeting  at  Mrs.  Mountioy% 
and  at  the  Nag's- head  in  Coventgarden^  eai 
the  Sun  in  the  Strand,  where  were  seveml  ew< 
suits,  which  are  overt-acts  of  the  same  treeseo ; 
and  if  treason  be  committed  in  several  counlia^ 
the  party  may  be  indicted  in  any  one,  and  Ihi 
evidence  may  be  given  of  tactH  done  in  all.  * 

Farkum.  Then,  Mr.  Sweet,  you  do  not  ny 
that  1  had  raised  a  troop,  or  would  raise  i 
troop. 

Smut.  I  told  you  your  own  words,  thU 
your  troop  was  made  up  of  old  soldiers. 

L.  C.  J.  But  yet  I  must  tell  you  furth«, 
sir  William  Parkyns,  if  i  remember  ritffat 
there  is  evidence  given  of  ft  discimrse  you  1wi 
in  NoHolk-stret't,  where  you  loiiged,  and  thai 
is  in  Middlesex. 

Farkym.  My  lord,  I  did  not  obaerre  ibel 
he  said  any  thing  of  me  about  Norldk-streeft. 

Att.  Gen.  Yes ;  that  is  what  he  says :  Yol 
told  him  you  bad  thought  of  a  buauuese  fei 
liim,  but  you  would  not  engage  him  in  it,  b» 
cause  of  bis  family. 

Farkynt.  Pray,  Mr.  Sweet,  did  I  tell  yee 
any  thiug  what  yon  were  to  do  ? 

Sweet.  No,  Sir,  you  did  not 

Farkyn*.    I  hope  the  Jury  will  take 


*  Seethe  fourth  Resolution  in  air  Hemfy 
Vane's  Case,  and  the  Note  to  it,  vol.  6,  p. 
183,  of  thil  CoUectinQ, 


\Jbr  High  Treoion^ 
lUfin  aoy  thiug  that  lie 

),    I  bat   iras  no  pfreal  matter, 
iini  any  more  que^tioos,  Sir  ? 

m9r  next  wilneat  is  James 
ho  vnm  »wom,) 
Do  vott  knuw  sir  William  Par- 


llo 


I 


he  IN  luy  matiter, 
<»rr»anl  w«s  you  to  liim  f 
gruoiu  to  him. 
%imfi  have  yini  be^n  Lis 
Krjt  [!  t^i^elvemonlU  yet. 

o  an  accouQi  what 

i  jeiceslcrshirc*  with  him. 
us  vfhiit  YOU  know   of 


^  Yei,  mr  (anl,  we  t?ent  from  our 
pt  lo  Stony*Stratf<iril»  and  there  we 

WIrti  lime  wa*  thisf  ? 

rmnnot  tell  tlie  day  of  the  month, 


IVbatday  ofUie  week  waa  it  f 
it  waa  on  a  Thursday . 
Aod  ivhere  did   you   go  from 


fm  €ua^  the  next  daj  lo  LeU 


^MMlm  ii^nt  with  him  ? 

^iDbe  ca|*tato  Scudaiuore* 

ML  Hciw  long  did  you  tarry  at  Lei* 

WWn  we  came  the  oext  day  to 
wm  staid  (hrre  till  Huoday  morninf*'. 
What  company   catue  to  your 
\  hm  WMA  at  Leicester  ? 

I  am  a  atran^erf  1  know  none 
fyer  there  before. 

I  yciu  remember  whether  there 
ttgli  there? 
fli«re  waj  one  that  said  his  name 


Wlienee  did  he  come  ? 
k.    He  Mid  be  came  out  of  York- 

lm«  Whn  came  with  him  ? 
I^TIii>re  wai  a  gentleman  in  black 
^■piid  he  was  a  milliliter. 
^Kl>id  yoti  obierre  auy  others  that 
Kcr  to  your  master  ? 
t^  It  wa«  market  day,  and    i   had 
^^  look  aAer ;  there  were  a  yreat 
^B^nit  up  niiii  tUmii  stairs;    but 
H^  V        or  no,  I  cttooot  tell. 

HT  come  baek  ag^uin  ? 

||f  \\  r  MAID   iiii're  tilt  Sunday  muni- 
ilMB  W€  €»m«  a  way. 

To  what  jdace  did  you  go  that 

•  ti9WD  called  BrickhiU,  and 

J  wm  caowr  home. 
FliiQ  cwne  back  with  him  ? 
•  ti«i caf»taiii  8cud«uore,  who 

f  liillMr  did  yoq  gt>  the  next  day  f 


Eubank.  We  came  to  Bushy  about  8  o'clocll 
on  Monday  ui^ht.  t 

Aii>  Gfn.  VV'ell  afler  this,  did  you  bring  up 
any  horses  to  the  Georrre-inn  to  your  master, 
and  when  ? — Eubank,  Yes,  three  horses. 

Att.  Gen,  Ay»  when  ? 

Eubank,  I  emmot  u-ll  the  day. 

jiU.  Gen,  What  day  of  the  week  was  ft  ? 

Euhnnk.     IJjfon  a  Friday, 

Ait.  Gen,  What  month  was  it  in? 

Euhank,  ludeedf  1  cannot  say  that. 

Alt.  Gen.    Do  you  remember  Valentine'i 
day  '^^ Eubank.  "Ves;  it  was  upon  that  day, 

Att.  Gen.  That  is  the  14th  of  February,  a 
remarkable  day,  and  wa^tben  of  a  Friday,*  the 
day  betbre  the*  assassination  was  to  have  been 
executed.     Whither  did  yon  bring  them  ? 

Eubank*  To  the  George -inn. 

A£t,  Gen,  How  were  they  furnished?  Were 
there  pistols  upon  them  ? 

Eubttnk.  No  ;  the  pistols  were  in  town,  and 
the  horses  were  sent  after  my  masier. 

Att.  Gen,  Where  were  the  pistols  left? 

Eubank,  indeed,  I  don*t  know. 

Att.  Gen,  Pray,  when  you  came  to  town^ 
did  ^rou  1^0  to  your  master,  and  acquaint  htm 
with  kf^Eubnnk,  Yes, Sir,  I  did. 

Ait,  Gen,  Pray,  what  did  he  then  say  to 
yon  P 

Eubank,  He  said  be  thought  he  should  go 
home  that  night. 

Att.  Gen*  Did  he  chanispehts  mind  ? 

Eubank.  Yes^  tor  he  did  not  go  till  Monday. 

Att,  Gen,  Did  he  tell  you  he  sbuuht  go  a 
Saturday  ? 

Eubank,  Yes ;  be  saki  he  thought  he  should. 

Att.  Gen,  Did  you  come  to  Ixim  to  know 
bis  mind,  and  wbat^jdrthUe  say  ? 

Eubank.  He  safd  in  the  morning,  he  would 
go  in  the  afteeooon  ;  but  fie  did  not. 

Att.  Gen,  Afterwards*  when  did  be  go  ? 

Eubank.  Lfpoo  Monday, 

Att.  Gen,  Who  went  with  hJra  that  Monday  ? 

Eubank,  One  Holmes,  a  fat,  thick  man. 

Att,  Gen,  Well,  pray  when  did  you  come  tt 
town  Rgain  ? 

Eubank,  Upon  the  Friday  following. 

Att,  Gen.  fiow  many  horses  did  you  bring 
up  then  ? 

Eubank,  On  the  Friday  following  we  brought 
up  four;  my  master  himself  came  up  with 
them, 

Att,  Gen,  Whf»  came  with  him  ? 

Eubank,  Me,  Holmes,  and  I,  and  another 
servunt. 

Att.  Gen,  How  were  the  horses  furnished  ? 

Eubank,  Every  horse  hud  pistols. 

Att,   Gen,     W'iml  did    you  bring 
W^ere  there  any  boots? 
-  Eubank,  None  but  what  we  rid  in. 

Att.  Gen.  Where  did  you  leave  »ho«e  horsei  ? 

Eubank.  At  the  Geortri*-iim  in  Holbora. 

Att,  Gen.  What  directiun(»  did  your  master 
give  you  that  ni^ht  for  going  the  next  monung 
upon  an  errand,  an«l  whither? 

Eubank.  1  had  no  message  from  him  ;  bnt 
there  waa  a  note  that  I  was  to  carry  to  Kcii- 


beaide? 


t 


OVQOTM  to 


ofieeriD 


OS]  8WILLIAMIIL 

■Injltmi  to  «!•  Bnwm;  and  I  WW 

ffo  w  the  gentlmiftn  that  livet  withiD  a  door  or 

two  next  the  going  i>^  ^he  kiiif'i  ({ite,  I 

Ibrfot  bit  nome ;    bat  tMo  nmm  where  Brown 

lod^  betofn|r«|  to  the  coort, 

the  kitchen  to  the  king ;  either 

or  eook,  or  something ;  and  thii  mu  lay  there. 

Ait.  Gen,  Whal  was  voor  mcMage  to  bin  f 

Eubank.  I  was  to  tell  him,  that  I  cane  to 

speak  with  one  Brown,  and  that  I  came  from 

a  gentleman  that  lay  at  the  eonfectianer's  in 

Hoibom,  over  against  Gray's  inn.    1  know  the 

gentleman  by  fmee  again,  if  i  see  him  ? 

Att.  Gfn.  Well,  what  did  he  say  to  yon  ? 

Eubank.  He  bid  me  ssl  my  horse  at  the 
Ked  Hon,  and  he  would  come  to  me  presently  ; 
and  i^he  did.  Says  he,  I  have  no  bosimM 
that  I  need  toseod ;  btH  I  will  write  in  your 
almanack,  and  yon  may  carry  it  back  and 
shew  it  him,  that  f  will  come  to  town  betwixt 
•ine  and  ten  o'clock.  I  did  go  back  and  tell 
that  gentleman  at  the  confcctkMier's. 

Att.  Gen.  What  kind  of  gentlenna  was  it? 

Eubank.  A  Innty  man,  with  a  great  nose, 
and  a  Mack  «iig ;  be  speaks  broad  Seotdi,  and 
be  wan  a  swarthy  cokmred  man,  and  he  ImmI  a 
wid^  month. 

Ati.  Gfn.  What  age  was  he  of? 

Eubank.  A  middle  aged  man. 

Att.  Gen.  Pray,  what  did  he  say  to  yoo  ? 

Eubank.  He  asked  me  if  I  had  seen  the 
gentleman  ?  I  told  him,  yes.  He  asked  me 
whst  the  gentleman  returned  for  answer?  I 
toM  him,  he  had  writ  in  my  almanack,  which  I 
hsd  «h«*wn  him,  that  he  would  be  in  town  be- 
tween nine  and  ien  o'clock.  He  asked  me 
then  where  1  was  going  ?  I  said,  to  my  master. 
Hujn  he,  tell  your  master  that  1  will  be  in  my 
chamber  ready  for  him. 

Alt.  (>rn.  l>id  yoo  go  to  voor  master,  and 
tell  hini  ^o?--- Eubank.  Yes,  I  did. 

At*.  Gen.  And  what  did  he  ssy  to  you  ? 

Eahank.  He  Rsid  lit*  designed  to  go  home 
ill  the  snertHMin,  ami  therct'itre  bid  me  go  to  the 
inn.  and  make  resdy  the  horses,  ami  know 
wbnt  nan  In  pav  lor  iliemf  and  he  would  come 
hx  nnd  livelhttlier. 

Att  (tr*i.  nulliesOvrwanlscometotbeinn? 

f>'-.i«iA.  Yr4.  Nir,  about  three  or  four 
•'clock  in  thi'  nOernwin. 

S-^  Urn.  IVriy,  who  came  with  sir  William 
rs!fcT»«* — Fhl'ttnK.  One  Ijewis. 

A*'*    f»V»f    |1ii  vtMi  know  him? 

f'H^ti\  I  lisve«ern  hi lu  before  with  my 
nt3«ler 

Att    I'-:    What  i«  he  ? 

f-'f"*-*.  The  J  *uy  lie  i«  my  lord  Ferer- 
thsiit*«  ^^vnlW>n»An 

.4 ' :  t  • '  •«  H  hat  iltil  he  nav  lo  vou  about  any 
sml.iif-i  • 

l!'Ki>.r^^  fh^t  i<k»*d  me  what  laiidlcsi*  and 
hew  \%*%if\  bail  V«^M  wnt  in  there  *  \ad  I  laid 
b«l  tw«v 

.Iff. tV<«   U  hrti  <«M  Mr  L«w«? 

iMAkVi  bitraww  mv 

IMMNI^.I*^  |i^   hlf    

VMM  iIamiM  I«  nrmiiv  -iirar 


TrialafSir  William  Parkins, 

Att,  Gem.   Did  be  : 
Pkrkyoa? 

•  £iiA«iA.    Itwas  Mr.  Lewis  that  saki 
twenty-ibur  to  the  best  of  my  rci 


bea 


a  J  ao,  or  sir  W 


^t.  Gen.  Where  were  they  sent  ? 

iuAsji*.   Indeed  I  koownot,! 
any  of  them  hot  those  two. 

^^  Got.  Who  deUrered  those  two  to 

Ewbmmk.  My  iiiasier,sir  William  Pferk 

Att.  Gem.  Who  were  those  saddles  for 

Eubank.   They  wers  for  two  gentlci 
hones  that  were  there. 

Ait.  Gem.  Whose  horMS  were  they  ? 

Eubank.  They  were  not  my  master's 
they  Stood  at  that  phK;e. 

Att.  Gen.  Did  yoor  master  erer  spei 
yoo  about  them,  to  hiok  aOer  them  ? 

Eub.  He  aaki,  if  at  any  time  I  was  tb 
shoukl  sao  that  the  hostier  gare  them 

Att.  Gem.  Were  they  yoor  master's  \u 
ornot?— &I*.  Nottlmtlknowof. 

Att.  Gem.  What  tkne  did  yoo  go  o 
town? 

Eub.  I  went  oat  of  town  with  them  i 
four  o'elock  m  the  afternoon. 

Att.  Gen.  When  did  you  hear  from 
master  afkcr  that? 

Eub,  Upon  Monday  I  had  a  letter  firom 

Att.  Gem.  What  was  that  letter  ibr? 

Eub.  It  was  to  go  to  my  master'a  boa 
Warwickshire,  to  one  Richard  Erans  tha 
his  serrant,  to  whom  he  sent  a  letter. 

Att.  Gen.  What  were  the  contenti  ol 
letter? 

Eub.  I  did  not  see  what  they  were,  j 
sealed. 

Att.  Gen.  Did  you  carry  that  letti 
Erans?— £a6.  Yes,  I  did. 

Att.  Gen.  What  time  did  yoo  come  thi 

Eub.  IcametbereaTuesdsyatfburo'i 

Att.  Gen.  What  did  Evans  and  yoo  do 
you  had  read  the  letter  ? 

Eub.  We  went  to  fetch  some  boies  tht 
master  had  ordered  Erans  to  fetch  boim 
was  about  two  miles,  or  more  from  booM 
tradesman's. 

Att.  Gen.  What  was  his  name,  was  it 
wood  ? 

Eub.  Yes,  f  think  it  was  something  lik 
name. 

Att.  Gen.  Did  yon  eo  with  Erans  to 
the  boxes  from  th«Dce  ? 

Eub.  They  had  a  man  that  dnwo  the 
to  t'eicb  them. 

Att.  Gen.  Where  they  carried  in  a 
then  ? — Emb.  Yes,  they  were, 

Att.  Gen.  Wtre  ytm  these  when  the 
were  brousrht  beck? ' 

Eub.  Yes,  I  was  at  my  nus«er*s  hoosc 

Att.  Gem.  What  did  t&ey  do  widi  ihev 

EfLb.  They  buried  them  in  the  i 

A(t  Gen. 'What,  in  thel 

Eub.  Yesk  S«r. 

Att.  Gem.  How  ssan 

£ad^  Five  er  tti,  I  lU^  I  te 
wvuithem.  9 


An.  Gem*  Tau  lieTp^  to  bury  iLem,  ditJ  yoQ 
M    N«  ;     boc  I  WIS  there,  J  nw  them 


in.  Cem.  Did  £tins  teU  yoa  wlttt  they 

£ci.  Bt«iit  U>U]  me  1  bey  wer«  choice  goods. 
Mi.  Owm,  £f  am  toJd  you  so,  did  lie  ? 

LC  J.  WIl&i  timeof  the  day  or  ntgfii  were 


Tkfy  *^nt  a«r»y  about  faur  o'clock  i 


LCX  How  far  is  it  from  «ir  WtJiiam  Par- 

r  tf>  HaynroodV? 
'Eak  I  tbtok  atHitu  tliree  or  four  mUtSy  J 

t  iHI  Wvir  far  cuactty . 
LCX  Wlxskt  tjfue  ittrj  they  retom  ? 
&I*  Alioul  t^nor  eleven  o'clock  at  night. 

ahfwmmm^  My  luftlf   t   under  eta  ml  he  sayi 
tafir^  tlirTfi  inirn^fliitely;   vfashefhvrey 

N«,  A  -Mo  bury  them;    but 

pot  upon  them. 
C*ai.  Pray,  EuUanki  let  mc  aak  you 
lli«  person  that  lay  at  Ihecontec- 
I  yen  oMerre  wbetliur  he  h«id  a  lame 

£^.  No,  I  did  not  take  notice  of  any  gucli 

fd.  Oem.  Will  air  Waiiam  Parkynsask  him 
■ffMaiioii.? 

L  C.  J.  Wlwt  fay  yoti,  air  William,  will 
jmmk  him  »nj  que«tion^  f 

PM^i,  Voo  aay  one  Holmes  wettt  out  of 
i^i  vak  BM? ;    pray  give  au  account  what 

BAMAst    LB? 

£iA.  flM  fat  Mr.  Hohnes,  if  il  plaase  vour 
^^■i^lt  Irras  at  ibe  Golden  Key  m  tfol- 

iyhm.  Ify  lord,  I  olwerve  this  to  dtatin- 
f^  n,  that  'H  was  iiol,  as  Mr.  Attorney 
i|a|al  it,  tnmjoT  Holmes  (hat  is  in  the  proclii- 
li  waa  t*t\€  that  used  to  beat  my  house 
r ;  be  wo»  m  ray  house  all  the  siiromer. 
sen,  Vou  dii!  well  to  ask  him  that 
Ui  ■  '  .  it. 
.C  J  auk  him  any  more  quea^ 

■  f —  Pt.*  K\f  I.  Sn^  my  lord. 
Orn.  Tli*Ti  our   uext  witness    is    one 
y  11  ipwrlV .     ( W  ho  was  sworn . ) 
Ah.  Cra-  Wbi»re  do  you  li?e? 
Hip    *t  io  Warwickshire* 

A*'  lb  whom  ilo  you  live  ? 

%  wyaelf*  »ir, 

in,  OtM^  i>o  you  know  of  any  goods  thai 
^cvfM  Ifnoi'Mr.  Haywood^b  house  to  hir 
^&am  I'fcrkyaaV  hoiMe  ? 

1  mmtm  lirMB  LilchfieU  fair  upon  Asli- 
by,  wlicfe  1  liad  been  to  carry  goods 

^WL  Gck.  Did  not  joo  my  yon  lived  of  your- 
^  I  Mked  y0ii  liJbr^^wboyou  lived  with  ? 


% 


rP— B 


t 


Ir.  Haywood. 


Ymi  fttd  TOO  bad  oo  master. 

.   %.  T¥i(t  ii,  wlMa  M  pleiieita«ii|iloy 
|l  *•*  far  bin^ 


me. 


Alt.  Gen,  Pray  tell  what  yon  carrieil  from 
Haywood  ^fi  house,  and  who  came  for  them  ? 

Mif  There  were,  to  the  best  of  my  remem- 
bratice,  either  seven  or  eight  boxes, 

Jtt.  Gen,  W  h  o  ca  rue  fo  r  I  hem  ? 

Hip.  There  was  one  of  sir  William  Parkyns'a 
men,  one  Richard  Evaos,  that  was  hiii  servant^ 
and  one  Whetstone,  that  was  tenant  to  sir  Wil* 
iiam. 

Att,  Gen.  Well,  how  did  tliey  come,  and 
what  did  they  do? 

Hip.  They  brought  a  ^^^gt>n  and  two 
mares. 

Au.  Ctn,  About  what  time  was  it? 

Hip,  It  was  about  nine  or  ten  o'clock  at 
night  when  Ihe^  weut  away. 

At.  Gen.  W/hui  orders  had  you  from  your 
master  ? 

Hip.  It  was  near  upon  seven  o^clock,  when 
the  waggurt  came,  and  toy  master  wished  me 

to  go  to  borrow  a  mare  of ,  at ;  1  did 

so,  and  1  brought  the  mare  1  bad  borrowed 
with  me  home. 

Alt.  Gen.  What  was  that  mare  borrowed 
for  f — Hip.    I  know  not. 

Att.  Gen,  What  use  was  she  put  to  aAer* 
wards  ?  What  did  \ou  see  more  ? 

Hip.  Why,  belore  the  team  came  (about  a 
quarter  of  Buhour  before)  to  fetch  these  goods*, 
my  in  aster  told  me,  that  sir  William  PniKyns^s 
men  were  to  come  to  fetch  some  betiding  and 
other  g^oods,  what  they  were  he  knew  not  | 
ami  he  ordered  lue,  when  ihey  knocked  at  the 
gate,  to  let  them  in  ;  and  I  ifjd  ^o. 

All.  Gen.  Well,  friend,  did  they  carry  away 
any  goods,  and  what  were  they  ;-* 

Hip.  They  were  in  boxes  at  first*  in  Uirae 
boxes ;  and  then  sir  Wilham  Parkyns^s  serrant 
did  knock  off  the  outside  lining,  which  was  a 
deal  board,  and  he  drew  the  nails,  and  took  oat 
of  two  boxes  thi^e  boxes  a^piece,  and  twn  out 
of  another:  to  tlie  best  of  my  remembittnce  I 
tliink  there  were  eight,  but  I  am  not  sure  whe- 
ther there  were  seven  or  eight. 

Ati,  Gen.  Did  they  cairy  them  away  that 
night  ? 

Hip.  Yes,  fdr  Wra.  Parkyns'sman  Htchart) 
and  the  tennnt  earned  them  to  the  wn^rmn,  and 
I  hghted  them  down  with  a  lauthom,  according 
to  my  master's  order. 

Ati,  Gen,    When,  what  day  was  this  ? 

Hip.    It  was  Ash- Wednesday  nt  niyfht. 

Ait.  Gen.  Then  set  up  Mr.  Haywood,  (whs 
was  sworn  before).  Pray  give  my  lord  an  ac- 
count, when  sir  William  Parky ns's  goods  wero 
brought  to  your  bouse,  who  brought  them,  and 
what  dii-ecllons  were  given  akjut  the  careful 
keeping  uf  them. 

Huywitod.  My  lord,  about  Miclmehnat  lasi, 
sir  Wj  Ilia  in  Party  ns'S  man  came  tu  me  wiih  a 
knier  frofo  one  IMr.  Chumock,  and  tlie  effect 
of  the  leiter  was,  to  desire  the  favour  of  me  to 
lodge  some  goods  of  sir  William  Parky ns  at 
my  house  f  for  he  was  taking  his  servaiits  frfuu 
his  botise,  and  he  was  lotb  to  leave  hts  goo^ls 
in  an  empty  bouse,  and  he  desirfd  me  to  let 
thorn  he  at  my  house,  which  I  did, 

U 


I 


m]  8  WILLIAM  IlL 

Jii,.  Gen,    How  were  they  put  tip  ? 
Hdj/umuL     I  think  in  three  chests »  pt'^^y 
h\g  chests,  niiiled  up  aod  tacked ;  and  there  wa^ 
ft  &<1  aud  beildiDg,  and  a  piece  of  tapestry  or 
i«o, 

Att.  Gen,  Pray,  did  that  letter  come  from 
Mr  Chartiock F^^Zfo^ztoo^.  Yes;  Evans,  iir 
Wilhain  Parky ns^s  maoj  broojjhl  it  me. 

Alt.  Gen.    Pray,  &^ir,   hnw  are  you  relat(^d 
to  that  Mr,  Charnock  ?  What  kin  ishe  lo  you  ? 
Haywood.    I  marrieil  hi^  sifter, 
L,  C,  J.    YoLi  took  the  goadt  into  your  coi*- 
tody  upon  that  letter  from  Charnock  f 
llajfw,    Y^es,  my  lord»  I  did. 
Ail,  Gin,    Pray,  nillyou^ive  anaccounif 
whether  y<^\\  were  in  town  hefoie  this  disco- 
very«  and  had  any  discoui'sp  with  Mr.  Charnock 
or  sir  William   Parkyns  ahout   these  ifOi»tls? 
When  did  you  se€  Mr,  Cliarnock  afterwards? 

}lai/u\  I  came  up  to  Lcnidt^n  the  loth  day, 
and  Twos  iu  London  the  t7th,  IBtb,  and  19th; 
I  think  those  three  dnys* ;  and  L  went  to  see 
Mr.  Charnock  at  hi^  lo^t^iti^a,  hut  i  t%»s  hardly 
with  him  a  nuarter  of  an  hour  ;  I  told  him  sir 
William  ParKynn  had  sent  some  goods  to  my 
houstf,  and  l'de:»ired  to  know  wlien  he  would 
fetch  them  away,  8ays  he»  I  caimoi  say  when 
1  shall  see  him  again.  8aiil  f,  J  shall  have 
some  business  at  i  he  Temple,  and  I  will  meet 
yon  at  the  Temple  coffee- hotn*e.  Say «  he,  I 
will  meet.  Am  hrinf^  sir  WilUanj  Parky ns 
with  you,  if  you  cnu,  said  V.  He  came  at)Qut 
eight  or  nine  oV^Iock  otv  Tuesday  morning  ; 
says  he,  sir  William  Pai-kyns  is  at  my  lod;^- 
ings,  just  a-i^oin^  out  of  town,  and  wolild  de- 
sire to  ^ee  you.  8o  I  tvent  up,  and  ah  WiUiam 
Porkyns  was  ready  to  ^o  out  of  town.  I  totd 
biui  [  hnd  some  goods  of  hi4  at  m)  kouf;e«  anit 
1  deaired  to  know  how  he  wovifd  dis[»os€  of 
them  i  what  he  wouht  do  with  thejn,  lie 
would  tuke  them  away*  he  said,  the  tirat  op- 
portonitv,  or  to  tliat  effi^ct. 

X,  C/J,    When  w as  this ?  Wliut  month  f 

Hayw.    U  was  tn  February  last. 

L/C.  X    What  day? 

Hoifw,  I  think  it  might  be  about  the  eigh- 
teenth day. 

L.  C,  J.  It  was  you  that  deiir«d  to  have 
them  taken  away,  it  seemSf  was  it  not  ? 

Hayw,  1  asked  him  when  he  would  take 
them  away,  or  what  he  wouhrdo  witlt  them. 

L.C.J,    And  what  answer  did  be  make  f 

Hayw,  He  aaid  lie  would  take  them  away 
the  first  opportunity,  as  soon  as  be  could  dis- 
pose of  I  hem,  or  to'that  effect. 

Ait*  Gen.  Now,  wbr>n  you  came  home,  tell 
us  who  came  tor  those  goods,  and  when  ? 

Hnifw.  I  think  it  wasi  upon  a  Hhrove- Tues- 
day that  I  came  home,  and  my  wife  naid  sir 
W^ilham  Parky  lis  had  sent  tor  liis  goods,  and 
deijiied  to  have  them  away  }  hut  that  she  had 
made  answer,  1  was  not  at  lioine,  but  should  be 
at  borne  so-on,  and  then  he  might  have  them 
away.  The  next  <!ay  I  came  home  from 
Litchfield  fair,  ahout  live  or  six  o^clock  at 
oigbt:  It  waa  Ash  Wednesday  at  night  when 
I  came  bome,  and  the  luau  came  to  me  be- 


Trial  of  Sir  fVUliam  Purkjpis^ 


[W 


tween  six  and  seven,  and  told  me  his 
desired  to  have  the  gofiils  away.     I  told 
he  mii^^ht  have  them  w  hen  he  would  ; 
he  would  have  them  away  that  night.     ^ 
him  it  was  an  unseasonahte  time  :  hut,  tiyvi 
the   waggon  is  a- coming,   and  I   desire  f 
would  give  me  leave  to  take  them  away  ;  m\ ' 
I  did  :  then  he  said  he  had  but  two  honjc^ 
he  dcsii'pd  me  to  lend  bim   a  horse  ;  w  hm 
did,  and  he  took  the  goods,  and  went  away 
tbcov ;  hilt   for   wliat   he  did  at\erwards 
them,  I  know  nothing  at  all  of  it. 

Sol.    Gen.     Then   swear    Mr.    Wh^ 
[which  was  done,] 

Ait.  f7f»»  Pray,  Sir,  do  yuit  giie  aii 
count  when  you  went  with  Evana  to  Uj 
wood's  house,  and  what  happened. 

Wh€titoj[}€.    His  man  came  to  me-^ 

AU.  Gen.    Whose  man  ? 

Whcttionc,    Sir  \V)niAm  Parkyns*! 
desire  me  to  go  to  Mr.  Hay  wood  *s 
Mime  goods  of  sir  William  Parkyna,  soi 
dmg,  and  some  odd  thiui>9,   which  1 
said  he,  1  will  gr»  the  next  way  to  tba 
and  1  w  ill  meet  you  (jeforc  you  can  get 
and  be  did  meet  me  half  a  mite  off  tbe 
and  toUl  me  I  musit  slay,  and  not  come  lo 
bouse  till  it  was  niglii,  till  it  was  later. 

L.  C.  /.  ^V  ho  told  vou  bo  ? 

Whetiion€,  Str  William  Parky tis'a  man 
me  so ;  so  be  went  forwards  to  the  gfate, 
then  came  tiuek,  and  called  me  to  come 
tlien  we  went  to  the  h^use,  and  loaded 
waggon  witti  hoxes  and  beilding  that  wii 

Aii,  Ofn.   How  uiaay  boxes  were  tf 

Whtihione.  I  cannot  telt  wlietber  thi 
seven  or  ci^ht. 

Att.  Gen.  Whither  did  you  carry  theiof 

WheUfone,    We  carried  them  lo  air  WiHi 
Parky n'i'i  iioii<ie. 

Alt,  Gen,  Whiit  was  done  with  them? 

Wftfitlune.    There  they  were  put  into 
grmind  by  the  Wiill   snlc,   where  they 
found. 

Aii,  G«n.  Why,  w as  you  present  w  hen 
were  found  ? 

Wftit stone.    Yes,  I  saw  th*>ro  dug  up, 

Att.  Gen.  Then  you  can  give  ua  a  a 
of  them  :     Wliat  were  they  ? 

Whtisione*  They  were  arms. 

Aii.  Gen,    How  many  were  there?     Wl 
quantity  ? 

Whemone,    Truly,  I  cannot  tell. 

Mr.BoAer.  Where  is  the  constable,  Tbi 
Watts?— H'^flf^*.  Here  am  L  (Uewasswofl 

Att,  Gen,  Are  you  the  constable  ? 

Waiti,  Yes»  Sir,  I  am  tbe  con^atahle, 
searched  sir  William   Parkyns*s   bouse, 
upon  aearchtug  in  the  garden  1  Ibund 
arms  there. 

Att.  Gen.  Pray  whatqaantity  of  arma 
you  find  there  ? 

Watt}i.  Four  dozen  of  sworda,  thirty-1 
carbines,  tweoty-flve  brace  of  pistols. 

Att^  Gen.  W'hat  kind  of  swords  were  th 

Wolii.  They  were  bro»d  « words,  tw«»-€d| 
aworda. 


Jbflt  High  Trea^m. 
Wefc  there  any  hilts  to  the 


ITaflt.  N't;    bill  ther^  wna  a  box  of  hilts 
ito  I  suppose  iva^s  pre|mred  forllieiTi^ 
jl*l.  Geo.  Where  did  you  find  iheiii? 
T^iU,   In  ji  border  under  the  wall  by  the 

•ft.  Did  yoo  see  the  boxes  broke  o^jen, 

\^U,    Yes,  Sir,  I  took  Ihem   and   broke 
I  o)ien  my  o^^n  self. 
KryfiKiiv*  'iVas  Whetstone   by,  pray,   Sir, 

I  they  were  broke  open  ? 
f«tij.    He  virus  not  tliere  by  at  the  first, 
E  dttj^  tbem  up;    bui  1  brought  iheiii 
»D  house,  and  there  I  broke  tlieiu  open, 
^  we  snw  them. 
,  O^n,    Will  you  a\k  him  any  questions, 
rWili^m? — Pitrkim.  No,  8ir, 
SoL   Otn.     Then    c^ll    Turton»    Freemai), 
PrHfry      (Who  were  dl  sworn.) 

AiL   G§n^     Pray   «et    up    Mr.    Fre«finan. 
^Wlicii  Witt  done.) 
da,  Gtn.  Where  do  you  lire  ? 

X\  ibe  George  Ian  iu  Holbora. 
ra».  What  are  you  ? 

I  am  hostler  there. 
Gen,    Prny  do  you  g'ive  an  account 
bonei  ^erekept  there  of  sir  WilliaRi 
fit^  Odd  bi)w  many* 
IWiiMiv.  He  was  a  ^ue^i  to  the  house  all 
^  Itot  mumm^t  sometimes  more,  sometimes 

Mt  Gm^    How  was  it  last  winter  about 
F^Arwf  Usi,  how  many  lior^es  htid  he  then  ? 
~      an^  He  bad  sometimes  three  i*arae  in, 
\  four  I  the  most  that  ever  he  had  uas 

Ail  Ora.  What  time  was  that  that  he  had 

n.  To  my  best  memory,  it  was  jast 
belbre   ihe  disturbance,  before  the 
ke  out. 
IM,  Gen.    Before  the  proclamation,    you 
an? 

itmmn.  Yes,  before  the  proelamntion. 
J  I,  Gtn,  When  was  it  P  What  day  of  the 
kit? 

aii.  They  came  in  on  Friday  night. 
LJ.  Hiftt.  Ubat-j  did  five  come  iu  then  ? 
Vcs,  J  thiuk  50. 
.  C.  J.  JfoU.  Who  was  with  Itirn  ? 

u.  i  only  saw  his  ^roooi  and  auotlicr 

,  Oe^  Huw  were  they  accrtulred  ? 
A ^41.     Fi>or    with   holsters   and    small 
on<*^  was  a  ltd  mare  with  a  porturan* 
mm!  in  a  hor!>e  cloth  wrapped  up  tiiert- 
VIS  one  oriwo  pair  of  jack  buots  and,  1  think, 
a  eallar  is  ooe ;  1  cannot  letl  whether  there 
•at  one  imdle  or  two. 
Att*  Gtn,   When  did  they  go  away  ? 
^rttman.  On  Saturday  in  the  alternoon. 
An,  Gtn.    Did  you  obsf  i  ve  any  pers4>ns  to 
eMBe  there  ou  Saturday  morning  f 

§n€nan.  There  were  two  men  that   were 
llMBVtthu  ml  out  between  two  and  three  hours  ^ 


A-  D.  1096- 


[102 


they  rid  out  between  nine  and  ten,  and  thejr 
came  in  again  between  twelve  and  one;  where  < 
they  had  been  1  cannot  tell ;  but  they  had  nd  , 
preity  hard  for  the  urae  they  were  out,  for  tUe 
horses  came  in  in  a  sweat. 

Att*  Gen.  Bet  ore  this  time  that  you  now  \ 
speak  of,  what  houses  came  up  ?    Can  you  re- 
member how  many  horses  came  up  the  week  j 
before  ? 

Fryman,  The  week  before  there  were  some,  ] 
but  how  many  I  cannot  remember ;  they  ▼cry- 
rarely  stayed  above  a  night. 

Ati.  Gen.  What  do  you  know  of  any  other  \ 
horses  that  were  left  there  P 

Freeman.  There  were  three  horses  that  were  | 
at  onr  house  a  week,  that  were  very  gwwl  , 
horses  ;  but  1  do  not  know  whose  horses  they  I 
were,  nor  the  names  of  llie  (gentlemen  that! 
c^wneil  them.  The  gentlemen  that  bronghlj 
ihetn  in  (raid  for  the  horses,  only  the  g^rooo 
told  me  his  master,  sir  William  Parky ns,  badj 
ordered  liim  to  see  the  horses  fed.  i  nevef  i 
received  a  farthingf  of  sir  William  Farkyuir] 
but  alwuYSof  the^rroom. 

Att.  Oen,  Pray,  did  you  obserre  any  parti>. 
cular  hor^e  that  was  brought  in  there,  a  roan 
horse  ? 

Freeman,      Yes,     there    was    oue     hor 
brought  in. 

AU.  Gen.  From  whence  did  that  horse 
come  ? 

Freeman,  As  was  told  me,  from  Moutilag:ue 
housi*. 

Alt.  Gen.  I  believe  you  mistake  the  place  | 
recotleci  yourself  a  little. 

Freeman.  Somerset  bouse,  I  mean  j  a  port«pJ 
brought  it. 

Jtt,  Gen,   Are  you  sure  it   was  Homera 
house? — Freeman.  Ves,  it  was, 

Att.  Gen.  Do  you  know  one  Lewis  ? 

Freeman.  1  do  not  know  him ;  perhaps  th^l 
tapster  does. 

L.  C.  J.  Holt.  How  many  horses  came  from 
Somerset  house  ? 

Freeman*  Only  the  roan  i^eldin^,  and  a 
very  fat  man  mounted  him,  and  rid  out  with 
sir  William  I*aikyus. 

Farkt^m,  Pray,  8ir,  what  sort  of  horse  was 
that  buy  ^Idiug  that  you  say  the  fat  man  rid 
upon  ? 

Freeman.  I  say  he  rid  upon  a  little  roan 
gelding  about  fourteen  hands  high. 

Farkjfnt.  But  the  bay  gelding,  bow  high 
was  that  ? 

Freeman,  About  fourteen  hands  high. 

Purkyns.  There's  your  mighty  borae  for 
service  I 

Freeman.  They  were  no  great  inzed  bo 
none  oClhem. 

Parkins.  And  have  not  yon  known  these 
horses  lo  have  been  mine  a  great  white? 

Freeman.  Ves,  I  have  known  tbeni  to  b« 
yours  a  good  while. 

L.  C.  J,  Hitft,  What,  was  the  roan  geldinf  ^ 
sir  William  Parkyns's? 

Freeman.  No,  not  the  roan,  but  the  others; 
iliey  were  oo  ftriBfe  liorsei^i^^  nvt^  S.\^^ 


8WILLIAMIIL 


^wtfljr  Acre  all  hift  muiii ;  tiMrevMBO 
■cwriuange  bone  bat  Ibe  roaa. 

L.  C.  J.  Hot.  Win  yoa  adc  bim  aiy  Mie 
^■frtiong?— >PT*ym,  Bfo,  nrloffii. 

&/.  0».  Tbco  icC  op  Mr.  Tiiitoo.  (WUeb 


kmnr  or  bonn'that  were  rtaading  al 


TrM^Sir  WSBam  Parkynt^ 


An.  Gem.  Fmr  will  j^m  fire  as  aeeaont 
wbatyoo  know  or  bones  thai 
tbe  Cicorge  Idd  is  Hotborm  ? 

IkrUm.  I  bare  knowo  sr  WHfiaaa  Ptfkjns 
to  bare  oic4  tbe  iao  tbii  fbar  or  fire  yean, 
ercr  since  tbe  inn  was  boilt;  and  in  last  Pe- 
bmarj  be  came  to  town  witb  tbrae  hones  tbe 
finttime. 

Alt.  Gem.  What  daj  of  the  month  was  that ; 

Tmrtom.  I  cannot  nj  what  day  ofthe  ODontb, 
hot  it  was  about  the  week  bdbre  bis  bit 
eominf  there,  which  was  joit  before  the  dts- 
coveryAftbeiilot. 

Ati.  Gem,  Do  yoa  know  what  day  of  the 
week  it  was? 

Turtm.  No,  truly  I  do  not,  for  I  fceef  no 
aceaaat  of  hones  goin^  in  or  out.  The  last 
time  of  bis  coming  was  witb  aboot  Ibar  or  five 
hones  to  tbe  bestof  mv  kaowlcdfe,  aodtfaat 
was  aaoa  the  Friday  before  the  Hot  broke  oat ; 
aod  then  upon  that  Friday,  sir  William  PSv- 
fcyas  gave  order  to  bb  groom  to  gat  the  * 
ready  against  8atarday  morniiy. 

Ait.  Gem.  Did  he  go  om  wiib  bio 
Saturday  BBoming. 

Tmriom.  Ue&td  not  eo  oat  with  afi  the 
hmati  according  as  he  nad 
two  genilemea  rid  oat  with  two  of  the 
and  staid  out  about  two  or  three  boon,  and 
caoM  in  again,  as  if  they  had  rid  pretty  bard, 
tbe  hones  being  in  a  sweat;  and  rathe  after- 
BOOB  thi-y  all  went  &irly  ootof  town,  and  gave 
not  that  they  expected  to  be  ia  town  on  Son- 
day  or  Nomlay  following,  bat  they  did  not 
mom  ;  hot  thoa  came  dmra  one  Mr.  Lewif ,  I 
know  not  that  that  is  his  name,  ool; 
formerly  bekmgod  to  my  lord  of  ' 
knew  him  to  be  gentleman  of  the  bone  to  my 
lord  Fercrdiam,  but  I  did  not  know  bis  name. 

Alt.  Gem.  Had  yoo  not  aeen  him  there  be- 
fore :  Wbattime  did  become? 

Turtom^  I  do  oot  know  that  1  ever  aaw 
him  there  before ;  be  was  on  Saturday  in  oar 
^ard. 

L.C.  J.  Hoii.  Yoo  are  asked  when  Lewis 
came? 

Turtom.  Tbe  first  time  I  see  him  was  on 
Satorday,  in  tbe  yard,  asking  fiw  sir  William 
Farkrns. 

L.'C.  J.  Holi.  What  time  on  Satordav  was 
that?  '  I 

Turtom.  It  might  be  three  of  tbe  dock  in  tbe  | 
aAemorm,  aboot  ao  boor  or  thereaboots  befon  J 
sir  WiHan  Psikyns's  horses  weot  away ;  and  | 
asking  for  sir  William  Pkrkyns,  and  he  not ! 
Wag  there,  he  retnroed  back  again ;  and  after  ' 
tlmy  were  gone,  ha  caaieagam,aad  1  toM  him 
;  hot  the  groom  had 


to  cwpDre  if  sir  W^uEam  nu 
were  cobdc  to  town ;  I  lold  him  n 
so  be  caoK  again  upon  Monday  momi 
twist  eight  aid  nine  of  the  dock,  and  asl 
if  I  hem  nothing  of  hia  coming  to  toi 
tald  him  DO,  I  did  net  bear  of  his  coming 

Att.  Gem.  The  horses  that  came  op  < 
day  night,  bow  were  ther  accoutied  ? 

Tmrtrm.  Two  or  tbree'of  them  had  h< 
I  cannol  say  bat  for  pistols  they  had 
firecasr. 

Att.  Gem.  Had  they  no  carbines? 

Tmrtom.  No ;  hot  ooly  horse  pistols. 

Att.  Gem.  Did  you  oor  obserre  anj 
anns,  or  other  famjtnre  ? 

Tmriom,  I  did  see  a  pair  or  two  of 
boou  that  they  rid  in,bat  I  did  not  sc 


Att,  Gem.  Were  there  nay  that  were 
op  in  a  bone-doth  ? 

r«rfoa.  Ko,I  did  aotaeeany,  ther 
not  broogfat  into  the  hove. 

Mr.  CSwpsr.  Do  you  know  what  tn 
hann  were  aaddled  that  day  ? 

Jkrtom.  No,ldidBOt. 

PaHbvas.  Yoa  obaerved,  aod  said  ther 
a«or  piBmls,didMla 


IWfsn.    Yes;  yoa 
two  or   three   pair   whea   yoa  caioe 

ParAyas.  And  as  to  tha  jack-baats,  ye 

we  rid  m  them.— 7Wfo«.  I  soppose  aa 

PaH^as.  We  abghled  at  Mr.  John's 


ly  wheal 
Oxfoid,  I 


mere  small  honm  all  of  them ;  pny  wj 
tell  tbe  coart  what  siaed  horses  they 
was  there  ever  a  great  borse  among  thea 

Turtom.  Nereraooe,  1  believe!,t&te» 
above  fouiteen  bands  and  a  half,  aome 
fourteen. 

SoL  Gem.  Did  you  see  the  roao  gdi 
What  size  was  that? 

Turtom.  A  small  pad,  thatoi^tbe 
thirteen  and  a  half. 

Att.  Gen.  Did  yoo  ever  aae  him 
with  so  maoy  boraes'  before  ? 

Turton.  i  have  seen  more  at  the  S 
and  Bockler,  when  1  lived  there ;  and  Im 
to  ino  there. 

Ait.  Oct.  Howmanv  have  yaa  aaen 
Swonl  and  Buckler?    ' 

Turtom.  I  have  seen  four  or  fire  at  a 
bui  tliis  is  many  yean  aco,  seven  or 
yean  ago,  wben'be'used  to  keep  his  coac 
fbar  bwses,  and  come  up  with  several  i 
borKs  with  him. 

Att.  Gem.  How  long  have  you  lived  i 
George  inn? — Turtom.  About  two  yean. 

Att.  Gen.  Did  you  obeenrc any  other] 
that  stoo<l  there  ? 

Tirrloa.  There  were  two  that  arcR 
sisasbio  bones  laigcr  than  any  of  air 
liam*sown. 

Att.  Gem.  Whoaa  weie  ther  ? 

2W<o«.  IcanaatteH. 

AU.  Gm,  Did  any  body 


fir  High  Tnoion. 

.  I  iomH  know  who  owned  them; 
I  one  that  paid  for  their  meat,  and 
away. 

m.  Who  it  that? 
.  TV«ly,  Sir,  I  cannot  tell ;  1  do  not 

0  he  wai;   I  n«?er  saw  him   in 

!«.  Has  ar  William  Parkyns  any 
tion^toask  him  ? — Farkyns,  No,  Sir. 
H.  Then,  my  k>rd,  we  shall  call  no 
lesMS,  anksB  he  gives  further  oc- 
e  leaTa  il^here  till  we  hear  what  he 

Sir  William  Parkyus,  Mr.  Attorney 
ad  Ae  king's  connsel  have  done; 
v  time  to  make  yonr  defence. 
ff.  My  kird,  I  rely  upon  your  lordship 
itece ;  for  I  am  ignorant  of  these 
ps ;  1  rely  wholly  upon  your  lord- 
pre  a  true  account  of  them  to  the 
>pe  yonr  lordship  is  so  just,  thst  you 
i  the  evidence  to  the  jury  as  it  is,  and 
ise.  Bot  1  do  not  observe,  that  as  to 
illation  there  is  more  than  one  wtt- 
kkat  is  captain  Porter:  There  is  not 
ire !  and  as  to  that,  I  suppose  yonr 
ill  declare  to  the  jury,  that  I  was  not 
in  It;  and  captam  l^orter  declares,  I 
re  no  hand  in  it,  only  I  was  to  fumiih 
s,  and  accidentally  I  was  at  some 
hmi  he  does  not  decWe  that  I  was  to 
w  HI  particular. 

.Yes,  yes,  you  agreed  upon  the 
Ike  sereial  resolutions  of  assassinat- 

2,  and  said,  that  it  was  necessary 
e  him  off. 
I.  Still,  that  is  but  one  witness,  I 
Ikriy  ;    and  the  law  says  positively 

1  ke  two  witnesses. 

;  Noi  to  every  overt-act,  there  is  no 

s. 

f.  As  to  the  assassination  there  is  but 

kerbothe;   and  so  as  to  the  regi- 

&d  not  say  that  Ijvas  to  raises  regi* 

t  that  he  was  tow  by  a  gentleman 

I  been  desired  to  be  in  the  matter,  but 

St,  because  I  had  engaged  in  another 

aboat  a  regiment ;    hot  this  was  all 

mv.  . 

\  Ves ;    he  said  yon  owned  you  had 

U    Besides,  it  b  said  you  owned  you 

saddles,  and  your  troop  consisted  of 

a. 

J.  No,  captain  Porter  never  said  so. 

m.  That  was  Sweet 

.  Yea  tekl  Porter,  yon  had  a  regi- 

ik  after. 

«.  Captain  Porter  is  here,  I  desire  he 


A.  D.  1696. 


[!« 


J.  Yes,  and  yon  told  Sweet,  that  yonr 

iated  of  old  soldiers,  and  that  you  had 

ifty  saddles. 

ML  Aly  troop,  aye!   But  still  there 

ag  era  regiment ;  nor  did  they  say  I 

i  a  legiient,  or  a  troop,  or  was  to 

MaeoC 

TeaioMgM  your  troop  coMftcd  of 


old  soldiers.  I  did  not  say  that  you  had  said  you 
had  raised  or  would  raise,  but  it  did  consist  of  old 
soldiers. 

L.  C.  J.  He  says  that  which  makes  it  plain, 
that  you  were  to  have  a  troop,  or  had  a  troop, 
consistiog  of  old  soldiers,  besides  volunteers 
that  had  been  officers :  and  thaty  ou  had  bought 
a  f^reat  many  s&ddles,  thirty  ssiddles ;  and  you 
were  to  go  mto  Leicestershire ;  abd  accord- 
ingly you  did  go,  and  upon  your  return,  yon 
did  give  an  account  that  all  was  well,  and  the 
west  as  well  inclined  to  king  James's  interest  as 
the  north. 

Parkyns.  That  1  went  into  Leicesterehire, 
and  met  several  gentlemen,  and  that  they  vrere 
all  well  inclined ;  I  hope  that  is  no  evidence  of 
treason  against  me :  every  body  ought  to  be 
well  inclined. 

L.  C.  J.  Aye !  but  they  were  all  well  dis- 
posed or  inclined  to  king  James's  interest 

Parkym.  He  did  not  say  so ;  if  your  lord- 
ship pleases  to  call  him  again. 

jL.  C.  J.  Call  him  again.  (Sweet  was  set 
up  agaiu.) 

SoL  Gen.  What  did  sir  William  Parkyns  tell 
you  of  his  journey  into  Leicestershire? 

Sweet.  He  said  he  had  lieen  there,  and  had 
met  his  friends,  and  all  was  well. 

L.  C.  J.  What  did  he  say  .^  Did  he  name 
king  James  ? 

Sweet.  He  did  not  name  king  James  to  me 
at  that  time. 

L.  C.  J.  Wbarwasthe  discourse  about,  that 
they  were  all  well  inclined  to  f 

Oweet.  He  always  named  it  the  king's 
interest,  and  did  not  namo  king  James ;  but  I 
understood  it,  and  always  took  it  to  be  ^mg 
James  he  meant. 

Mr.  Mountague.  What  did  he  say  of  the 
North  and  West  f 

Sweet.  He  said  that  the  West  was  as  well 
inclined  to  the  king's  mterest  as  the  North. 
>'  Att.  Gen.  Whatdkl  he  say  before  he  went? 

Sweet.  He  told  me  he  was  to  go  into  Leicester- 
shire to  meet  some  of  the  King's  friends. 

Parkyns.  Pray,  recollect  yourself,  and  con- 
sider what  you  say . 

Sweet.  He  said,  some  gentlemen  rid  as  far  to 
him,4»  he  did  to  meet  them. 

Att.  Gen.  Was  that  the  time  he  talked  abont 
the  troop  ? 

Sweet.  No,  that  was  before  this  time.  lean- 
not  remember  the  particular  time ;  it  was  at  his 
own  house,  and  captain  Scudamore  was  with 
him. 

Att.  Gen.  When  was  the  discourse  about 
king  James's  landing  ? 

Sweet.  He  told  me  that  he  believed  new  tha* 
king  James  would  hmd,  he  said  he  had  his  owtt 
word  for  it ;  it  was  about  Christmas. 

Att.  Gen,  What  did  hesay  about  preparation 
for  itP 

Sweet.  He  sakl  his  own  troop  was  is  consist 
of  aU  old  soldiers. 

L.  C.  J.  Dkl  he  tell  you  he  had  a  troop  ? 

Sweet.  I  speak  his  own  words;  he  said,  Mj 
troop  coonsti  of  all  old  iddiCTa. 


107 )  S  WILLIAM  m. 

L.  C.  J.  Was  iV  comisti*,  or  will  < 
though  I  think  there  may  be  no  great  matter  of 
difierenoe  in  this  case  P 

Parkynt,  Yes,  hit  lord,  but  there  is  a  great 
deal,  sore ;  for  *  willconsist'  sheirs  nothing  yet 
done,  and  all  is  but  words. 

L,  C.  J.  Sweet,  answer  to  sir  William  Par- 
fcyns's  question. 

Sweet,  I  tell  your  lordship,  I  repeat  his  own 
words,  My  troop  consists  or  is  composed  of  all 
«ld  soldiers. 

Mr.  Cowper.  AVhat  did  he  say  of  volunteers? 

Sweet.  lie  said,  there  were  some  gentlemen 
that  woold  go  along  with  him  asf  olunteer8,that 
had  been  old  officers. 

Mr.  Cowper.  Pray  let  me  ask  anotlier  ques- 
tion? when  be  discoursed  of  the  present  Kittg, 
by  what  name  did  he  use  to  speak  of  him  ? 

Sweet.  He  called  him  by  the  name  of  the 
prince  of  Orange. 

Parkym.  Pray,  recollect  jrourself,  Mr. 
Sweet,  and  think  of  what  you  say  :  since  he 
was  declared  king,  did  I  ever  call  him  prince  of 
Orange;  1  am  upon  my  life,  and  pray  speak 
nothing  but  the  truth. 

JL  C.  J.  Consider,  and  answer  the  questioui 
What  did  he  use  to  call  him  ? 

Sweet,  Truly,  my  lord,  I  am  not  positive  as 
to  that,  1  underwood  it  so.  I  never  knew  that 
he  allowed  him  to  be  king  of  England. 

Parkym.  Did  you  ever  hear  me  call  him 
prince  of  Orange,  since  he  was  king  ? 

L..  C  J.  Look  ye,  Sir,  how  long  have  you 
been  acquainted  with  him  ? 

Sweet.  About  three  years,  my  lord. 

L.  C.  J.  Well,  that  is  long  since  his  Majesty 
was  declared  king ;  have  you  ever  heard  sir 
William  Parkyns  call  this  king  prince  of 
Orange? 

Sweet.  1  am  not  positive  in  that,  butiunder- 
■tood  he  did  not  allow  him  to  be  king. 

Sol.  Gen,  You  frequently  discoursed  with 
hun  about  the  government,  it  seems ;  pray, 
what  did  he  une  to  call  him  ? 

Sweet.  I  have  heard  him  call  him  king  Wil- 
liam, and  the  little  gentleman. 

Parkyns.  When  ever  did  vou  bear  me  call 
him  the  Little-gentleman  ?  Mr.  Sweet,  pray, 
when  you  are  upon  your  oath  consider  well, 
and  recollect  yourself;  and  do  not  answer  rash- 
ly and  suddenly,  but  think  of  what  you  say. 
r  always  expressed  m3'self,  when  1  had  occa- 
sion to  speak  of  him,  and  called  him  king  Wil- 
liam, as  other  people  nse  to  do,  I  never  used 
the  words,  little- gentleman,  nor  prince  of 
Orange  neither. 

L.  C.  J.  Did  you  ever  hear  him  call  him 
tMberwiae  than  king  William  f 

(He  paosed  a  while.) 

L.  C.  J.  Pray  speak  the  trath  and  no  more. 

Sweet.  I  have  heard  him  call  him  jtrince  of 
Orange. 

L,  C.  J»  <But  you  have  heard  him  call  him 
kioji  William  too  ?^Swut.  Yea. 

Hr.  C&wper.   But  pray,  when  he  spoke  of 
Ite  Idtigf  what  king  did  >ou  understand  by  it  ? 
Smmi.  losedtouAderstaadkingJaiiiei. 


Tfial  of  Sir  JViUiam  Park^u, 


I 


Pdrkym.  What  is  that  to  me  what  he 
derstood  ? 

L.  C.  J.  But  I  would  observe  to  yeu 
tiling,  when  you  came  from  Leioeitenl 
vou  talked  how  well  disposed  they  were  tc 
king's  interest ;  he  says,  be  understood 
king  to  be  king  James,  and  you  said  the  \ 
was  as  well  disposed  as  the  North  ;  pray,  i 
were  you  employed  by  king  WiUiam  ta 
how  the  gentlemen  stood  affected  to  him  ? 

Farh^.  No,  nor  by  kmg  Jaroea  neitJM 

L.  C.  J.  Why  then  should  you  eon 
yourself  for  the  kmg's  friends  in  tbe  Wcsl 
the  North  ? 

Parkyiu.  I  never  was  in  the  West  isa 
life,  and  therefore  cannot  tell  why  1  aboiii* 
him  any  thing  about  tlie  West. 

Att.  Gen.  Pray,  Sir,  when  was  it  tha 
WiUiam  Parkyns  spoke  about  the  king's  & 
ing? 

Sweet.  It  was  about  Christmas,  be  sai 
believed  he  would  land. 

Parkym,  Did  I  tell  you  positively  it  m 
be  so  then  ? 

Att.  Gen.  He  tells  you  he  said  y<M 
believe  it,  for  you  had  it  from  his  own  moi 

Parkynt.  That  shews  it  is  not  probfl 
should  tell  him  so;  that  I  shoukl  hm 
irum  his  own  mouth,  carries  such  am 
probabilitj  with  it,  that  the  evidence  ifl 
descj  it  destroys  itself. 

Sol.  Gen.   He  does  not  say  you  had  it 
hb  own  mouth,  but  that  you  had  his  wort 
it ;  and  this  being  about  Christmas,  long^ 
our  king  was  returned,  it  could  mean  no  < 
king  but  king  James. 

L.C.J.  Look  you,  sir  William  Plaiir 
there  is  another  thing  I  would  observe,  V 
did  you  send  your  man  to  Kensington  tt 
Brown  ?  Who  is  that  Brown  ?  and' what' 
the  man  that  lodged  at  the  confectioner^ 
Holbom? 

Parkyns.  I  cannot  tell  who  it  was,  I  kc 
neither  Brown  nor  the  other  man  ;  but  I  s 
my  man  at  tlie  revest  of  Mr.  Chamock,  v 
lodged  in  the  same  house  with  me ;  he 
sired  he  might  go  upon  an  errand  for  him 
Kensington,  and  I  directed  him  to  go  n 
such  an  errand,  for  he  was  formerly  Mr.  CI 
nock's  servant,  and  1  desired  him  to  go  of 
errand  if  he  requested  it.  Who  these  i 
were,  I  know  not,  neither  of  them,  nor  anf 
their  business. 

L.  C.  J.  But  he  was  bid  by  the  roan  1 
lodged  at  tha  confectioner's  to  tell  bis  ma 
that  he  would  stay  within  for  him. 

Parkyns.  That  might  be  Mr.  Chamock, 
he  was  nis  servant  o^ce. 

L.  C.  J.  But  he  says  he  carried  the  n 
sage  to  yon,  and  you  received  it.  Well,  fa 
you  anv  more  to  say  ? 

Parkyns.  My  lord,  I  think  there  if  but 
positive  evidence  of  any  one  overt-act. 

L.  C.  J.  Yea;  what  do  you  think  of 
design  of  bringing  in  king  Janaea,  and « 
suiting  about  it,  and  assiatmg  in  tbo  in?oi 
and  preparing  a  troapi  aad  proridiaf  wom 


fijir  High  Treason. 

lit  Ml  diew  overt-acts  f  Do  you 
v  bafiflg  a  troop  of  old  soldiers  is  no 

If.  Tkereb  DO  positive  proof  of  aoy 
njamis. 

\  Itii  proved  there  were  arras  sent 
tllicbadmes  last  to  Mr.  Hav  wood's, 
fn  Wether  in  law,  and  these  lay  there 
l^edscfday  last,  afler  your  name  was 
damation ;  and  then  they  were  re- 
Um  night,  and  buried  at  your  house, 
Idun  op  there ;  and  here  is  an  ac- 
es wbat  arms  they  were,  four  dozen 
i,tweDty-five  pair  of  pistols,  tbirty- 

Ml. 

H.  First  it  does  not  appear  when 
s  were  broagrfat,  nor  for  what  intent 
(kooght  from  Haywood's. 
I  Bit  wbat  use  liad  you,  a  private 
nminyarms?  And  then  your  going* 
eaoshire  to  meet  some  gentlemen, 
gifiog  an  account  how  they  stood 
I  the  king's  interest,  whether  that  be 
id  for  the  interest  of  kmg  James,  1 
N  to  the  jury,  siuce  von  give  no 
kitfou  were  employed  by  king  Wil- 
li. My  lord,  I  went  upon  my  private 
>,iid  then  talked  of  news  as  other 

I  Botwben  you  returned  back  again, 
ni  tU  was  well,  and  gave  an  account 
Mi  were  disposed  in  the  West  and 

K  If  there  any  persons  named,  or 

B?  Can  it  be  an  overt-act  of  treason 

ilNe?er  my  acquaintance  ? 

X  Hot  your  going  with  that  de«gn 

^■ao  interest  against  the  king,  and 

*kiBg. 

K  He  does  not  say  I  discovered  my 

1  went  to  meet  with  some  friends  of 

^'  Did  be  not  tell  you  he  was  to  ffo 


td.  Yes,  be  did  so. 

•  Did  be  ten  you  to  what  purpose? 

Be  sud  be  was  to  go  to  meet  some 

r'lirieods. 

f.  Did  I  tell  yon  who? 

So. 

Bat  there  was  a  lord's  brother, 
etellyouofthat? 

He  said  all  things  were  well,  and 
rtt  as  well  inclined  as  the  North. 

To  wbat? 

'o  the  king's  interest. 

Trehy,  Yon  spoke  of  a  lord's  bro- 
as  concerned? 

le  said  several  persons  of  qnality  in 
fre  concerned,  and  a  lord's  brother 

them. 

.  Mj  bird,  1  desire  he  may  be  ask- 
esaid  the  king  would  land,  what 
SBl,  whether  he  named  the  late 
M  James? 
If  ill,  Msircr  that ;   when  he  die- 


A.  D.  1696.  [aO 

coursed  to  you  of  the  king's  landing,  did  h9 
name  the  late  king  James  ?  or  did  he  say  thsi 
late  king  James  ? 

Juryman,  Was  he  mentioned  in  the  dia- 
course? 

Siceet.  He  never  used  to  mention  king 
James  to  me,  but  only  the  king,  which  I  un- 
derstood always  uf  king  James. 

Att.  Gen.  Fray  wbat  time  was  it  that  he 
spoke  of  the  king's  landing  ? 

Sweet,  It  was  abooi  Christmas. 

Att,  Gen,  Therefore  no  other  king  could  be 
meant  but  king  James,  loa  there  was  no  other 
king  to  land  at  that  time  ^  and  he  said  he  had 
the  king's  word  for  it.  I  suppose  he  cannot 
pretend  be  had  king  William's  word  for  it. 

Parkins,  I  hope,  to  talk  of  the  king's  land* 
ing  is  no  treason ;  it  is  but  words :  If  I  teU  an 
idle  story  of  wbat  1  think  may  come  to  pass^ . 
shall  that  be  reckoned  treason  ?  Then  for  htm 
to  say,  I  had  it  from  the  king's  own  mouth,  it 
is  impossible  to  be  true,  and  is  no  overt-act, 
being  only  words,  and  cannot  be  reputed  tret-* 
son.  And  then  as  to  the  other  two  parts  of  the 
charge,  the  consultations  with  my  lord  of 
Ailesbury,  and  those  other  persons,  there  it 
but  one  witness ;  nobody  but  Porter ;  neither 
is  there  any  more  but  he  for  the  assassinatioD ; 
his  evidence  is  but  a  single  proof,  and  there 
ought  to  be  two  positive  witnesses,  by  the  law, 
to  each  overt  act. ' 

L.  C.  J.  HoU.  No:  there  ought  to  be  twa 
witnesses  to  each  species  of  treason,  that  is  alL 

Parkynt,  There  ought  to  be  two  wit* 
neises  to  both  these  parts  of  the  treason. 

L.  C.  J.  Holt.  I  must  tell  you,  sir  William 
Paricyns,  if  any  person  does  dengu  and  cooi* 
trive  that  the  realm  should  be  invaded,  or  tht 
king  deposed,  and  another  set  upon  the  throne^ 
that  conspiring  to  invade  the  realm,  or  dmse 
the  king,  are  overt-acts  of  high  treason,  witha 
the  statute  of  25  £d.  3,  and  the  same  speciea 
of  treason  as  designing  to  assassinate  him  is« 
It  is  compassing,  designing,  imagining  bis 
death  and  destruction.  Now  the  question  ii, 
whether  there  is  not  another  witness,  besidea 
capt.  Porter,  to  prove  another  overt-act  of  this 
design? 

Farkyns.  I  don't  find  there  is;  for  all  the 
rest  is  only  discourse. 

L.  €.  J.  Holt,  Yes,  for  what?  Do  you  think 
providing  arms  for  that  purpose  is  only  die-* 
course? 

PorArynj.' The  witnesses  do  not  say  for  what 
purpose  the  arms  were  bought. 

h,C,  J,  Holt.  Nor  do  you  tell  us  of  any  other 
purpose. 

Farkynt.  My  lord,  it  does  not  appear  wIma 
they  were  bought. 

L.  C.J.  Hjt.  Aye,  but  wbat  occasion  iiad 
you  for  such  a  quantity  of  arms  ? 

Parhyni,  My  lord,  t  did  not  buy  them,  after 
all.  I  found  them.  If  I  had  had  liberty  te 
have  sent  down  for  witnesses,  I  could  have 
proved  that  these  arms  were  in  boxes  all  rtisty 
m  my  bouse  when  I  first  came  lo  it. 

L.  C.  J.  HoH.    Aye:  But  why  were  tbey 


Ill] 


8  WILLIAM  IIL 


Trial  of  Sir  fVUUam  Parhym^ 


buried,  just  at  the  time  when  the  Plot  was 
broke  out,  and  the  whole  desijs^  discovered  P 

Parkyns,  1  caonot  tell,  ray  lord,  how  to 
help  it,  if  thev  will  make  an  ill  interpretation. 

L.  C.  J.  Holt,  What  interpretation  would 
you  have  us  make? 

Parkyru.  My  lord,  it  is  Tery  easy  to  ima- 
^ne,  people  do  not  care  to  be  found  with  arms 
at  such  a  time;  but,  however,  the  having  of 
arms  is  no  treason.  They  are  as  much  a  com- 
modity as  any  thing  else. 

Att.  Gen.  And  then  the  horse  coming  to 
town  just  at  such  a  time,  aM  the  saddles. 

Parkynt.  I  have  not  bought  a  horse  this  two 

rears,  and  I  travelled  in  no  other  manner  than 
used  to  do.  So  the  groom  tells  ye,  I  used  to 
come  to  town  with  three  or  four  horses  alwflvs. 
I  never  kept  less  than  six  or  seven  horses  this 
twentv  years  ;  sometimes  a  great  many  more ; 
and  they  were  verv  little  bcvses,  pads,  no  way 
fit  for  the  service  tbey  are  presumed  to  be  for. 
.  L.  C.  J.  Holt.  Have  you  any  thing  more  to 
sav,Sir? 

Parfym,  I  hope,  m^  lord,  as  to  the  assassi- 
nation I  am  clear :  Perhaps  the  world  would 
imagine,  I  have  had  some  inclinations  to  king 
James's  service,  and  perhaps  tbey  may  not 
think  amiss ;  but  I  never  did  any  thing,  nor 
had  an  opportunity  to  do. 

L.  C.  J.  Holt,  God  be  thanked  you  had  bo 
opportunity  ! 

Parkynt,  And  1  hope  my  life  shall  not  be 
taken  away  without  proof;  I  hope  it  will  be 
rather  thought,  tliat  every  one  should  be  taken 
to  be  innocent ;  and  it  would  better  please  the 
long,  that  I  should  be  acquitted,  than  to  let  me 
he  round  guilty  upon  slight  ground!<  and  ima- 
ginations, of  which  little  or  nothing  can  be 
tnaile. 

L.  C.  J.  Holt,  No  question  of  it :  It  will 
please  the  king  and  every  body  else,  that  you 
should  be  found  innocent. 

Parkynt.  Then  I  hope,  my  lord,  you  will 
not  strain  the  law  to  take  away  my  life ;  ac- 
cording to  the  rule,  That  it  is  better  five  guilty 
men  miouM  escape,  than  one  innocent  man 
suffer:  Fur  the  blood  a  of  man  may  lie  upon 
every  body,  if  it  be  causelessly  shed  ;  and  it  is 
very  severe  to  strain  the  law  to  take  away  any 
man's  life. 

L.  C.J.  Holt,  Look  ye,  sir  William  Par- 
ky os,  1  must  tell  you,  you  may  be  under  a 
very  great  mistake :  You  may  think  it  neces- 
sary to  have  two  witnesses  to  every  overt- act, 
but  that  is  not  so ;  for  if  there  be  one  witness 
to  one  overt- act,  and  another  witness  to  ano- 
ther overt-act  of  the  same  species  of  treason, 
that  is  all  that  the  law  requires. 

Parkynt,  Here  are  two  species  of  treason, 
levying  war  is  one  species,  and  assassination  is 
another. 

L.  C.  J.  Holt,  Your  design  was,  originally, 
the  restoring  of  king  James,  and  x  in  order  to 
that  the  dethroning  of  king  William. 

Parkynt.  That  appears  but  by  one  witness, 
which  is  not  aoeordiDg  to  kw,  which  requires 


L.  C.  J.  Hi^t.  One  way  of  effectii 
design  was  by  assusinatiite,  the  other  I 
sion,  or  by  force. 

Parkynt,  Still,  my  lord,  here  is'  tl 
witness,  and  that  is  but  one. 

L.  C.  J.  Holt.  Yes,  there  are  two. 

Parkynt,  None  but  captain  Porter. 

L.  C.  J.  Holt,  What,  not  as  to  the  r 
of  king  James,  which  tends  to  the  del 
kii^  William  ? 

Parkynt.  In  what  particulars,  my  k 

L.  C.  J.  Holt.  Your  providing  an 
going  to  Leicestershire,  and  sending  C 
on  that  errand  into  France.  As  to  the 
nation,  indeed,  there  is  but  one  positive 
besides  otlier  circumstances,  which  hf 
weight ;  but  as  to  the  other,  you  said  i 
would  come— — r 

Parkynt,  It  was  my  opinion,  that's 

X.  C.  J.  But  you  said  you  had  his  wc 

Parfynt.  Does  not  that  answer  it! 
lord  P  Is  it  possible  it  should  be  true 
who  was  in  England,  should  have  the 
one  that  is  at  such  a  distance  beyond  si 

L,  C.  J.  And  then  your  buying  of 
for  what  purpose  were  mey  ? 

Parkynt,  My  lord,  does  he  say  it  W4 
der  to  it?  I  am  sure  he  does  not,  and 
shall  not  be  presumed  out  of  my  life. 

X.  C,  J.  When  you  talked  of  thi 
landing,  and  said,  you  had  his  word  foi 
likewise  said,  your  troop  was  made  u 
soldiers,  besides  volunteers  that  had  I 
fleers. 

Parkynt.  Still  there  is  nothing  (U 
does  not  say  there  was  one  man  raised. 

L.  C.  J,  And  your  going  into  Ixmco 
upon  such  an  errand,  as  you  told  liini  y 
upon. 

Parkyns.  Well,  my  lord,  1  must  le 
your  lordship.  I  hope  you  uill  tonsi 
of  it. 

L.  C.  J.  We  must  do  that  which  is  i 
tween  the  king  and  his  subjects. 

Parkynt.  And,  I  hope,  my  loni,  the 
sioh  of  subjects  is  more  acceptable  that 
struction  of  them :  and  the  government 
concerned  to  save  the  iimoceut,  than  to 
the  law  to  punish  the  guilty. 

L.  C.  J,  It  will  be  more  acceptah 
indeed,  the  king  and  kingdom  are  vei 
concerned  in  this  matter,  and  at  tliis  i 
William;  and  the  gt>vernment  ought 
care  to  prcsene  it^eU'.  Have  you  an 
to  say,  8ir?  If  you  have,  pray  9|>eak  ii 

Parkyns.  I  have  no  more.  I  suli 
your  lordship ;  I  think  there  is  hut  < 
ness,  and  all  the  other  is  but  conjeci 
nonsense;  and  oul  v%itii€ss  is  not  sutfit 
the  law  of  England,  ibi*  by  the  statu 
must  be  two. 

L.  C.  J,    1  have  told  you  my  opinio 

Parkynt.  Besides,  y  out*  lordship  ha 
me  this  many  years,  and  you  know 
education  was  not  to  war  and  tigtiiiog. 
gown;  and  your  lordship  knoM  bovi 
aMy  1  have  bred. 


115]         ^^^P      ^r  High  Treasan. 

ImC.J.    f  i»«v«iniown  y mi  heretofore,  sir 
wmW  ytm  kept  your  profession  ami 


D*  1696. 


[114 


Fmriairng^    And  sow  fn  my  old  age,  niy  Itird, 

I  tm  grijitti  IJifTie,  aiit)  listve  lo«l  the  use  of  my 

invk  fTHii  ilMf  gnat,  und  arnrce  able  almost  to 

M«tt  tmf  ibet.     Therefore  it  cannot  in  reason 

mtkmtnt  ^rahahlc,  th&t  1  «^houl(l  en^a^e  in 

•■k  B  Msinrss  a»  this;  mill  therefore  I  bo(>e 

.  jii^mjl  inlerprrt  h\\  thiii^n  in  a  nriilder  sense, 

^■^■tor  flf  litis,  rftther  thnn  for  the  destruction 

^^^Bid  tlie  ruin  of  n  man's  fortune  and  Ik- 

LC^J.  I  idl  yoii^youbavehad  my  oinnion 
iiiiiiiiH,  the  tiumlier  of  i*ttne^sea<  1  su[>- 
fiw  lilt  Iftfil  mud  brother  witt  declare  tJieirs. 

L.CLJ^   Trrby^     My  lord  chief  justice,   it 

im^  ilort  please  to  hiive  us  deliver  onr  upi- 

MHi;  t  iJiir.k  w  ii  nus^lii  lo  be  verv  lender  in  a 

mm  •f  bl"  ■  -  hie  of  i^ir  Wilhaui 

PldcyiA  i»  ^  e  ought  to  he  careful 

Ai^Wliare  on  wrou§r  dnn«  him.     But  I  thitik 

Vibtettcs  iff  Ircison,  ripecially  of  this  na- 

l*«,4»fife  of  Uie  Uin^,  aufj  the  hvesi  af  all 

at  pe<»|»le  of  the  kiogYiom  are  also  at 

%tk*\  f«f  mutt  be  indifferent  in  ihit  ca*e» 

I  in«  tfrace  of  (jod  vve  uill  be  so.    The 

I  Utat  *\T  Wdliam  Parky  ui  proposes,  t», 

tlirrt;  ftre   two  iviineKses  upon   tbi^i 

totliii        't       if  vi^hich  he  is  indict- 

•^  «tedb  iSt  ti  "^iuK  Add  imagining 

^kaif^^MOii:  <M.c^  >^iU)es!4,   at   least,  does 

f^mtwmj  prore,  that  you  sir  VVilham  Parky ns 

M  ^tw  tD  thp  4leugii  of  aBiasginutmg  the 

lnC^ffBWMi,  afiU  proimaeto  provide  and  con- 

^Anlw«rii  Af»«l  arm^  to  that  purpose.     Now 

MfpM  tbct  t^   proved  but  by  onr  witue«is,  and 

hwi  gtJDc  no  fiirther,  Ibeo  your 

ukl  bate  hail  a  very  ^ood  ground, 

I  li»oa«i)ii  tiai  l^e  a  lei^itl  prfiof  of  tri^son  \ 

\  I  •ml  leil  you,  that  thiii  treaaon  of  com- 

vaA.  imayiniR^  the  kitig^F  death  may 

cndcnt  by  other  ov<?rt  acts,  besides 

KMainutirfa  r  to  conspire  with  a  foreign 

>  10  is  fade  the  1      i.         provide  arms,  to 

Ik  ii^wlara,  ae>  an  insurreotion 

Like  ^isiTf  (besie  mt^^  mert^acti  of  iriia* 

f  llRiktag^a  d«ath.    For  it  cannot  \>e  aup- 

bot  clial  be  that  would  liave  au  mvasion 

I  WfTiclbo  ag^in^l  the  ktng^i  person, 

1  tie  dfftro^^tiou  fH'  the  king ;  he  that 

tak«  away  all   bia  defenc*^,  which  he 

»e  by  tbaaasliitance  of  his  subjects^  antt 

icxpoaed  to  bia  mrittil  enemies^  cannui 

I  to  deitig'n  the  kin^^s  ruin  and 

Tbttdofv,  air  Witliatn,  such  thinisr^ 

Mr  mlsft  a  compasting^  and  imsi^iii- 

*.  lane's  fftratb  ;  your  providing  arms  and 

«re  etiil«<riee«  and  overt-mcta  of  this 

ad  f  ^'        '        I         M<^  upaoddoiiu 

I  iM€,  if  that  were 

,  »  i^irna^fmiiire^^c.  aa  it  seems 

leaM  was* 

Btf  ikat  U  not  aifd,  my  lord,  1 

fosir  ptr^on  lor  uiterrupting'  you  ; 

tiMl  I  WM  tlNsm  10  rise  I  by  tio 

aMwr«r}  %oA  tlmid^ra,  pray^  my 


lord,  do  not  inforce  it  beyot»d  what  the  evidence 
has  proved ;  he  said,  1  went  lo  meet  my  fnefids: 
was  there  auy  tbin^  said  it  waa  in  order  lo  « 
rising? 

L.  C  J,  Trehij,  I  think  you  mistake  your 
own  words,  an  you  spoke  thetn  to  the  witness, 
if  f  did  take  ihem,  ag  1  think  I  did,  t\^\\U  for 
they  were  several  times  repeated.  1  ^vill  do 
you  no  wron^,  sir  William,  1  assure  yoa.  You 
went  into  Leicestershire,  and  ynu  say,  it  waa 
to  meet  your  friemJs;  the  witness  says,  it  was 
to  meet  the  king's  friends  ;  by  the  kin|f,  it  is 
\ety  pbiio,  you  meant  not  km^  WiUiara,  bot 
kincf  James  ;  for  you  spoke  before  nf  the  king'*s 
landings,  which  was  at  Christmas  last,  when 
every  body  knows  kin;r  William  was  in  Eog* 
land.     These  coupled  tr^eet her 

Parkyns.  I  beg"  your  pardon,  my  lord; 
those  two  thin^  are  not  butb  to  be  joined  to- 
gether; the  discourse  of  the  king's  landing 
was  at  Christmas,  aa  he  says  ;  the  other  thmg, 
my  journey  into  Leicestershire,  was  a  mouth 
afterwardi^i  aud  therefore  they  caonot  be  coupled 
ti^ether. 

L.  C\  J,  Trehy.  The  coupling  of  them,  that 
I  meant,  was  only  to  shew  who  was  umlerstood 
to  be  spoken  of  by  you,  when  you  named  the 
king ;  so  Uie  question  is»  Whether  you  did  not 
mean  the  same  person  in  January  that  you 
meant  in  Decetnber,  by  the  word  ting,  espe- 
cially since,  as  a  discovery  you  bad  made,  vou 
said  farther,  the  West  was  as  well  iiiclinefl  to 
the  kin;^'s  interest  as  the  North,  and  a  lord's 
brother  was  concerned  in  it?  II  by  the  king 
you  had  meant  king  William  ;  how  imper- 
tinent and  insensible  had  been  all  this  discourse, 
that  the  west  was  as  well  inolitied  as  the  norths 
and  that  a  lord*s  brother  was  concerned  in  it  ; 
concerned  in  what  f  In  being"  indinetl  to  king 
W^illiam  ;  to  what  purpose  cuuld  that  be  said  P 

Farkynt,  It  may  as  well  be  interpreted  that 
way  as  the  oihtr. 

L.  C*  J.  Trtbff.  I  must  leave  that  to  the 
jury.  And  I  confess,  if  there  was  not  some- 
what more  in  ihe  case,  you  might  the  belter 
argue  upon  this  as  to  the  interpretation.  But 
layinef  aside  the  consideration  of  your  riding 
into  Leicestershire,  &c.  here  is  this  providing 
of  arms,  proved  by  four  or  five  witnesses,  and 
the  serving  of  I  hem  in  that  manner  ;  and 
there  is  no  account  given  by  you,  that  they 
were  provided  for  the  service  of  the  govern- 
ment, or  that  you  were  employed  so  to  do. 
Certuinly  it  is  not  lawful  to  provide  arms,  es- 
pecially for  a  wliole  troop,  as  for  aught  I  per- 
ceive here  was,  though  indeed  I  am  not 
skilful  enough  in  those  htisinesses,  to  know 
bow  mauy  make  up  a  troop  ;  but  it  is  plain 
here  was  uu  insurrection  intended,  when  the 
invasion  was  made  ;  and  that  is  an  evidenca 
that  these  arms  were  to  be  employed  upon 
that  accouut,  for  no  oll^n*  use  was  to  be  made 
of  them,  nar  is  preteiiiled.  If  you  had  found 
those  arms  in  your  house,  as  yon  say,  il  bad 
beeu  your  fluty  to  have  delivered  them  up,  or 
dinposed  of  them  lo  the  use  and  service  of  tha 
governmtut,  which  tervice  loo,  eould  oaly  be 


tl5] 


S  WILLIAM  m. 


TrMtfSir  WUliam  Parkyni, 


[1 


If  hen  you  haJ  a  commission  from  the  gorern- 
Dent,  And  not  of  your  own  liead.  And  then, 
besides  all  this,  von acknowletlge  tbat  you  bad 
a  tnK?p  of  old  soldiens. 

Parkym.  ft  is  but  slidlngly  that ;  for  he 
only  telU  yrm,  that  a  troop  would  be  com- 
Deed  of  ofd  soldiers. 

L»  C,  J.  Trehy,  How  can  that  be  ?  when  he 
taySj  he  refietiU  >oor  own  wordii,  My  troop 
coa«i»U  of  old  soldiera;  can  any  body  say, 
tbat  his  troop  eontisi^  of  old  soldiers,  without 
having  a  troop  ? 

Farkj/ri.  Pruy,  Mr.  Sweet,  speak;  my  life 
i«  at  slake,  di4t  I  s;av  to  you,  it  did  eonsistf  or 
it  was  to  i  oiiiist  ?  fletjoHeiM  youiaelf,  and  con- 
sider *vc«11  before  you  speak. 

X.  C.  /.  ^  hat  was  it  that  be  did  s&y  ?     It 

I  conaUt>  or  it  would  cousi&t  ? 

Sv^eei*  He  ^aid,  hia  troop  wa&  composed  all 
^f  old  soldiers* 

Parhtftis  Hut  does  it  appear  by  any  evi* 
ence,  that  I  bad  a  iruop?  If  1  had,  who  were 

ey  'i  l^one  of  lbtffi»e  men   do  apfiear.    Does 

(Ilia  trooj*   consii»t  of  men  iu  I  he  air?  that! 

bouhl  It-st  men  that  are  all  in  nubihus^  mvd  not 

onoof  them  to  be  known.     Suppose  I   shoidd 

lei  I  brio  a  tye,  or  make   Home   brags,   ia  this 


lere  ia  no  person  proved  to  be  li&ted 


treason  ?  IJ  ere 
01*  nftmed. 

L.  C.J.  Bularmi)  were  foutid  in  )Our  house 
for  a  troop. 

Farkynt.  But  v»here  (hey  were  Iwu^ht,  and 

fhen  tbey  wvre  bought,  and  made  ready,  it 
doea  not  appear ;  and  I  altirui  to  your  lord- 
ship,  if  you  would  give  m^*  but  one  day'atiniei 
I  would  prove,  that  they  were  at  my  house  in 
Waruickshire  when  I  iiratcame  down  thither, 
which  h  two  years  ago.      And  I   will  fully 

Qdke  it  out  to  your  satisfaction ,  or  I  will  be 

rucified  or  any  thing  iu  the  %vorld.  1  i^n 
prore  it  by  a  great  many  witnesses,  by  my 
fricuda,  ana  all  the  servatits  that  belonged  to 
me,  th^?y  were  there  long  before  ttiis  discourse 
vas  ImJ  or  thought  of. 

SimL  Rukeby.  If  your  lordship  escpecta  tbat 

[  should  dehver  my  opinion,  I  am  ready  to  do 
As  to  this  matter  of  law  that  sir  William 

[^arkyns  has  proposed,  he  says,  There  are  not 
Ctwo  Witnesses  to  the  same  overt-act>  and  there- 
fore no  evidence  of  treason  ;  truly,  I  take  it, 
anil  always  diij,  that  the  law  is,  iliere  need  not 
be  two  wilness^ij  to  the  same  overt^act  ;  but 
if  there  be  two  witnesses,  one  whereof  fapiaks 
to  one  ofcrt-oct,  and  another  lo  another  ovt^rt- 
act  of  the  same  species  of  treikson,  iUhhc  are 
two  wiines^s  within  the   law.     Now,  1  think, 

iic:reare  two  overt-ucts  in  ibe  indiclaii-nlul  this 
Jlreasou.  The  treaaon  is  compass! ng^  the  death 
Df  the  king;  the  uvtrt-acts  are  fir:»i,  the  par- 
pticuLtr  dehi^n  of  the  a^ksas&i nation  upati  his 
jKrrjscm,  and  the  other  is,  the  bringing^  iu  of  a 
J'oieii;n  ibrce^aiul  prejiaring  horses  and  arms 
I  meet  liuit  foreign  force  here:    All  to  the 

Ame  intent  and  purpose,  the  compasaiiicf  ami 
na^iuini?'  the  king's  death.  Now,  besides 
tliai  of  the  asiaasinalioii,  there  aie  a  ^reat 
lUiuiy  iiritiifii£es  that  jp»T«  thart  wtra  arms 


prepared  ;  for  there  were  found  a  great  t 
tity,   when    they  opened   the  boxers;    wii 
boxes,  tl  is  plain»  he  himself  sent  down  to  Hi 
wothI's  house :  For  though  Charnock 
letter^  yet  it  was  by  bis  direction,  as  be  i 
to  Haywood,  when  he  was  here  in  town, 
then  his  arrant  fetched   them  away  from  \ 
place,  and  this  1  take  to  be  another  ove 
and  proved  by  ieveral  witnesses.     Sir  Wii 
Parkyns  speaks  of  his  being  a  ^otin*ii 
hut   1   do  not   know    what    a  gowniQaii 
to  do  wiih  ««uch  a  quantity  of  arms, 

Farkym.  If  you  will  give  me  leave  to  I 
foriiOiue  people,  I  will  demonstrate  itaii 
as  the  sun,  that  ihey  were  in  the  house 
years  atfo,  wheu  I  came  finvt  thither. 

Just.  Rifkthy.  There  were  preparations 
ye^rs  ago,  it  appears,   for  the  di'«tructi« 
the  king  acd  kingdom  ;  however,  the  tneai 
were  accuiied  of  it,  bad  the  ludt  to  < 
be  iGf|uitted. 

Parkym,  My  h^rd,  1  hope  1  shall  not  U 
terpreled  out  of  my  life,  i  desire  the  sa 
niay  be  read. 

Just.  Rokeby,  What  statute  do  yon  ipei 

Parkyni.  The  23th  of  Ed.  3,  and  the  , 
statute  too,^  let  them  both  be  read  to  the  j 
that  they  may  consider  of  it. 

The  Statute  of  the  25lh  of  Edw,  3.  wwM 

Parkym*  There  is  nothing  of  two 
there. 

L,  C.  7.  No  J  but  there  is  another 
the  5th  ol  Edw,  6.  eap.  €.  that  may  l^e 
for  your  advautage  :  Will  \ou  haveVttail 

Futkyns,  Yes,  if  you  please  ;  I  kotiw 
is  another  Statute  that  does  direct  it,  aw'  t 
peeted  to  bare  found  it  iu  thl5  Statute, 

CL  of  Ar,  This  is  an  acl  made  in  tlic 
and  6th  years  of  king  Edw.  6, 

The  Statute  wis  read  to  tliese  w^ 
'*  Unless  without  Trial  he  shall  confesi 
same/' 

Purkym,  TheiT  is  enough. 

L.  C,  J.  You  have  heard  the  Statute  t 
would  you  infer  any  thi^ng  from  it  ? 

Parki/ns.  I  inler  that  there  ought  to  be 
witnesses,  and  here  is  but  one. 

L,  C.  /.  There  are  two  uituesses. 

Fat  kym    Not  direct  to  the  same  thiol 

L.  C.  X  1  shall  leave  it  lo  thejury,  wi 
this  evidence  does  not  prove  an  overt>a 
demonstrate  a  design  against  the  ki 
design  be  ti»  drpo^e  him,  and  that  is 
by  two  overt-acts,  undoubtedly  that  is 
within  the  Statute  ot  25  of  Edw,  3. 

Farkym,  Tliat  I  agree,  but  yet  there 
be  two  wiine^sst^  of  it. 

X.  C.  X    Suppose  dethroning  the  kitig 
the  main  desiLai  that  strikes  at  his  life,  aod 
rtisolve  it  shalT  be  done  one  way  or  other. 

•  7  and  8  W.  3,  c.  4,  s.  5,  not  then, 
seems,  iu  force,  but  If  it  were,  yet  it  does  j 
require  it,  but  only  tlrat  there  must  be  twa 
the  saiaa  trtasun.     Holt's  Bep.  60S« 


j€ff  High  TreoMm* 


er  by  iosurrecliou ; 
lib  tt  forei^  ftrmy. 
!)C«i  re  there  oiignt 

■teio^nu,  for  tUai  tcrv  last  act  that  is 
^Blin  a  ttivif  rlajv,  declures  It  ts  auf- 
^nb^ie  be  rtnt*  tu  rioe  oiert  act,  and 
ET loiiioiiier  i  but  ttHl  it  must  be  of  tbe 
jj^,f  '  •— ■  '  •  n|i;  and  dc- 
Ilt^f  .  of  bim,  aod 

B*{  ist  bim,  or  to 

to  III  L  ot  treason, 

iqU'  \vrr«^  overt- 

i**^-'  i:  ,:'^s  B8 can 

fcc  natU,  and  thrretore  there  ought  to 
no  eiirb  ot'tbcQi. 
That  wbicli    I  delivered  us 
M«,  tlint  ooc  witnetis  j» roving"  oue 
■y   vvitDPSM   proving   an- 
I  me  wufi  of  treason,  are 
^  rig;  as  tbe  Jaw  re- 
i'lilly  coa finned  in 
u  act  of  |»ir- 
i reason,  (bat 
'.   iirasoii,  but  by 
iiiony  of  two  Inw- 
^     .  \UtM\  to  tbe  same 
i\  to  one^  uod  fhe  other 
ovcrt*iict  of  the  sitine 

(wt.  Of  thr  %nme  trenBon*  aye, 

^<Te  i(  IK  (be  imagmiog 

liul  is  tile  Irrasoit. 

^^^Uoi  you  may  fay  i'V€*ry  thincf 
^Bl  if  you  pleciie  to  let  the  ^bolo 

|K>u  tliall  b^vf  it  rend  if  yois  will; 
^Bt  thai  IS  in  it  coocettiin^  this  \ 
Jf»iw  u  de^itjru  lo  depose  the  kioif,  i 
I^Siieifhited   by  sotne  overt -net,  is  an 
I  ••  pn>?t;  the  debii^  of  tlie  deniii  of 

hen  It  inu^l  l>e  manifest,  and  not 

;       ■' «l.  that 

ttmn,  that  is  an  orert- 

•i  of  hii!  deuth, 

Fbi_*y    toie  very  thftcrent  thing^f 

Mitioini,     IV e  have  seen  a  kiog' 

\9\  he  i%  aUtf . 

I  nm  iiure  ive  have  Meen  a 
d,  and  yet,  God  be 

*  IT  in  tbe  de- 

<he  iri'sson. 

(,  &ijLC«iii  to  aiuke 

'"»'V'r  people  will 

*brres^  or  to 

LIihj:  tbttt  is 

-act  of 

>s«  been 

r  fjules,  my 

^ t  (ho^e  men 

iBB  nr|ttil«d  tbe  mvUUuder  in  ciljecs 


HU»U    *!•* 


.Frvif.    Dal  ui. 


A.D-  1696.  [118 

of  tS  natore  i  For  any  act  that  expresses 
intent  of  dethroning  tbe  king,  by  means  of  \ 
invasion  by  a  foreign  force,  and  an  iys»irr»fctit*i 
against  tbe  king^,  is  a  proper  proof  of  a  Cie^x*^ 
of  bis  destruction  ;  and  if  not»  then  ajp-eeiotf  1 
shoot  htm  is  not  an  overt-uct.     Men  intiy  s; 
aiso,   that  there  need  be  actual  sbuotaig 
make  out  the  orert^act  in  that  cvkse. 

Farkym.  If  yonr  lordship  pleases  to  huft 
the  arri  read,  I  slmll  submit  to  your  lordship*^ 
ju^igment. 

L,  C\  J.  Let  it  be  rend. 
Forkynt.  If  you  please  to  r^d  the  act,  thf 
preamble  of  it. 

Ci,  fj/' Ar.  Tliisisan  act  made  in  ihe 
year  of  our  soiereit^n  lord  tbe  kiogf:  Is  tba 
tbe  act  ?  It  is  ait  act  for  regubting  of  iriiils  m 
cases  of  big li  treuHtJiK  and  mijtprisiou  of  tre 
sou.     Is  that  the  act  ? 

Faikt^ns.  Yes,  yes.     (Tbe  actwos  read.) 

Just.  Hokebtf.  Ibebeveifyou  look  into  tl 
^reat  case  in  purliament,  the  case  of  my  lor^ 
Niaffrirdj  you  v^ill  find  it  was  decfared  for  1 
that  one  ivitoc^s  lo  one  overt  act,  and  anothe 
witntss  tu  another  ovfit-act  id  tbr  same  t 
sou,  they  were   two  witacs^es  within  tbe 
and  this  vi  as  a  solemn  resolution  in  paritatuen 
iu  tbe  House  of  lAudii, 

Fftrkyns.  I  believe  it  has  been  done;  hul| 
here  is  a  tienefictal  biw  made,  which  H'  tafi 
trial  bud  been  ptit  off  a  few  days,  I  shooldl 
have  bad  the  benefit  of  it. 

L,  C.  J,    It  would  liaie  been   the  san 
tbin;r  a^  to  this  mntter,   for  this  act  declare 
the  ^^ry  same  I  hint;,  as  lo  the  two  witnesi»t?s. 

Fftfkt/m,  Aiid  tlien,  niy  loril,  I  could  bai«j 
bad  u  ilnesses  to  biiv  r  taken  cjH'  a  ^real  pari  i 
this  evidences,  nud  the  law  comes  lo  tuke  ifi^ 
vtiibin  one  day,  and  it  turns  here  upon  thisj 
mutter  of  Sweet,  ^^  lio  is  not  a  *:oo(l  evidence :( 
loriii'j  manifest  be  has  contratlicled  hini8clf|  ' 
and  It  is  miinifcst  be  has  sworn  what  cannot  be  j 
true. 

X.  C.J.  Wherein? 

Farktfm.  That  E  sliould  &ay  the  kin^( 
would  I  and  here,  for  I  bad  his  word  fur  it. 

Jusl»  liakciif/.  You  might  have  bis  word,  ( 
ufid  not  delivered  by  hi;^  own  mouth ;  tber«  d 
ure  other  ways  to  convey  a  man^s  word|  be-  j 
aides  sneakiuf*'. 

Farkiftit.  But  then  we  do  not  call  it  hiMt 
word,  that**  hearsay. 

Ju«»t.  Hoktby.  If  a  roan  write  his  note  Ihal^ 
he  will  do  such  a  things  we  may  rery  wellsayt  { 
we  have  his  word  for  it, 

7^.  C.  J.  It  is  not  impossible  hut  that  yoa 
mi^bt  speak  w  itb  him. 

Fnrkym,  It  is  impossible  I  should  speak 
from  hence  to  France.  • 

L.C.J,   You   might  have  been  over  witk 
liim  ;   I  bebeve  a  great  many  others  have,  and  . 
it  is  proved  3Ir.  Cbarnock  \Mmi  over. 

Just,  RGkiby,  If  any  man  should  hare  said  i 
nt  the  latter  end  of  the  lust  foomh,  I  believe 
thut  there  was  an  assassin  at  ion  mtended  against 
the  king,  because  1  have  h'ts  woni  for  it,  mere- 
ly from  reading  bis  speech  to  tbe  parlUiueot, 


IW] 


8  WILLIAM  m. 


I 


wherein  be  affinas  that  he  had  fsereral  proofs 
nf  it^  ihat  bad  been  a  firoper  exprpssioo,  though 
tie  <hd  not  hear  the  king  »peak  it. 

Farkym.  Yea,  if  be  had  the  speech  to  pro- 
duce. 

Just.  Rokeky*  Then  if  il  coroe  by  letter,  or 
message,  or  common  fame,  he  mig'ht  send 
you  word  by  particular  messenger. 

Parkj^m,  Yes  it  thtre  was  any  auch  au- 
thority as  that  it  were  true.  But  be  hasi  ma- 
nifestfy  c^ntradicteil  himself,  an  J  captain 
Porter  suears  for  I  its  own  life,  and  1  must 
leave  it  to  yon,  whetlier  tUey  are  to  be  behe^ed. 

Just.  Hoktby.  Captaiu  Porter's  testimony 
has  been  hiitHdently  cooBrmetl  by  the  ac- 
kuowledi^nient  of  dyin^  persons. 

L,  C  X  WeH,  have  you  any  more  to  say, 
air  WiUiam  Pnrkyna  ? 

Purkyni.  No,  my  lord,  I  submit  it  to  your 
lorrlsbip'si  tlirertion. 

X.  C,  J.  Then  what  say  you  to  it,  Mr. 
Attorney,  or  Mr.  Solicitor? 

Soi,  Gen.  May  it  please  your  lordship,  and 
yon  j^titlemen  of  the  jury,  \  ani  of  cuuosel 
tiir  I  be  kiug*  in  thifi  matter,  and  it  ist  my  turn  to 
sum  itp  the  evidencf  a^fainst  the  prisoner  at 
the  bar  ;  he  Btinds  indicted  for  eompa$«ing  the 
death  of  the  king*,  for  desii(ititi^  to  depose  the 
kin^;,  for  promoting  a  foreign  invasion,  for  in- 
tending an  tUiiurrLxtiun  here  at  home,  and  for 
aiding  unil  abetting  the  kinjsjf^s  enemies,  and 
lor  dtiin^  ^n  bat  be  coulJ  to  procure  the  sub<^ 
jeclioa  of  his  own  country  to  forcigneira  and 
Strangers. 

itemlemen,  some  of  these  crimes  run  into 
one  anoiber;  designing  the  death  of  the  king- 
by  assj^!iinaiiut>,  and  desitrnin;;  to  depose  the 
kinfi^,  aniotint  to  cue  and  the  snme  thing 
wirh  compa^^ing-  and  imag^ining*  the  death  of 
the  king. 

My  lurds  the  JLidg-es  have  given  you  their 
opttiiou  in  that  (K>mt  nf  law,  and  I  think  it  is 
«)^reoableto  alt  the  resolutions  tlmt  have  been 
since  tbc  iimkini,'-  of  the  statute  of  25  of  Ed vv.  3. 
1  think  tlmt  it  has  l»een  e\'p)aiiie4l  so  in  the  time 
of  Jtichurd  the  'h\ ;  but  this  \  am  sure  of,  that 
it  was  so  resulvod  in  the  time  of  Harry  thf* 
4ili,  XV  hen  there  ^oh  a  dt  sif^u  to  set  u|i  Richard 
the  secnnd  agiiin,  nnd  it  was  mJjud^fcd  lo  he 
hit,'h' treason  in  compasninij  JUid  iinng:iuing  the 
deatli  of  ibe  kinyf.  For  de]»osin^  the  kiu<|', 
is  deutroying  him  in  hii*  poiitic  capacity,  us 
much  OS  asHassinattnn  ami  itiurdentiiii^  t>j'  hjm 
is  de^troyiiif^  hiin  iu  his  nalurul  rapiiciiy  ; 
and  tip  Ci>n^()irulorB  in  such  tasts  krunv  wliat 
the  gfr**»l  i*rid  is  they  aim  sit,  fo  subvert  llit; 
govt  mm  em  as  it  is  esiajjlisheflhy  law,  whereby 
t'very  iii^u  eiifoys  his  oviii  prnperiy,  and  the 
freetloui  of  his  person,  uiitl  ihoi^e  that  will  be 
quiet  may  havj*  thr'ir  liberty  and  projierty  pre- 
srrvrd  rtttire  to  them  ;  1ml  sonie  pfiple  uri^  s^i 
\^vy  intpalient  of  suhmiilin^'  lo  ibf  bw,  that 
Ihey  ciinnoi  he  content  t^»  be  in  servitude  tlicm- 
selves,  l»ut  they  must  nefds  do  ull  they  cau  to 
brinj^f  it  upon  tlieir  fellow  subjects.  And  m 
wpre  yzxy  well  if  that  those  who  were  in  Jove 
with  slavery  I   would  but  go  ta  soiq«   other 


Trial  of  Sit  WUIUm  Parleys, 

places,  where  they  may  hav«  cuong^b  of 


^n*{  nut  brin|c  it  u|k»ii  those  who  are  so  Ultk 
sirons  of  such  a  thing,  as  we  are,  and  1 
always  «hali  he, 

Genilemen,  to  pro?e  sir  William  Parii^ 
Guihy  of  this  treason,   wliereof  be  stmnda 
dieted,   we  bate  produced  seTcral 
and  first  there  is   Mr.  Porter,  and  b«  lelis 
sir  ^ilbam  Parky ns  told  him  he  had 
coinmi«;sion   from   king^  James,  written 
bis  own  h&nd,  for  iP«kio§f  war  agiuost  the 
son  of  king  William. 

Parky  Hi.  Sir,  I  beg  your  pardon,  for 
ropting^  you,  but  there   was  not  one  w, 
that  said  ;    liere  is  Mr.  Porter,   pray 
if  ever  1  saw  a  comtnission  from  kin^ 

L.  C,  J    Porter  did  say  so,  if  1   i 
any  tiling  Porter  said  ;    you  told  him  yon 
read  the  com  mission ,  and  il  was  written 
bis  own  baud. 

Parki^ns.  Alt  that  I  beard  of  il  wu, 
when  1  was  desired  lo  «uake  one  in  the 
sas^ination,  ]  refused  it  because  I  said  I 
busy  about  the  matter  of  my  regiment. 

Jit,  Gen,  Pray  call  Porter  again*  (« 
Porter  came  in.) 

Sal  Gen,  Pray,  capl.  Porter,  will  yon 
thecuurt  and  the' jury  an   account  wliat 
beard  sir  William  Parkyns  say  about  the 
niisiiion  that  came  from  kin^  James  f 

Porter^  I  asketl  Mr.  LharnockwhY  I 
not  see  the  commission,  and  he  told  am 
bad  nether  seen  it  bimsrlf,  but  sir  William 
kyns  had.     I   did   a^k  sir  WilUam  Park^ 
whether  he  bad  ^een  it,  and  he  told  me  be 
sec  jt,   and  read   it,  and  it  was  to    raise  war 
against  the  person  of  the  prince  of  Orange. 

Ail  Gen,  Whose  baud  was  it  in  did  besayf 

Porter,  It  was  written   with  kiuy^  J 

own  hand. 

Parkyns.  This  was  my  mistake,   I  tbi 
he  had  said  1  told  him  I  had  u  eomoaissbii 
a  rf^iment. 

Idr,  Mnntaout.  Did  he ^ve  any  reason,  w 
it  was  written  with  king  James's  own  band  ? 

Porter,  We  used  to  say  amongst  ours^h 
it  was,  btcnuse  he  would  not  trust  any  of 
ministtrrs  \i  iih  it. 

Sot.  Gen.  I  ivould  not  do  sir  William  f 
kyns  any  wrong,  but  only  sum  up  what  is  i 
terial  in  the  eviflence  given  against  him.     1 1 
member  very  well  Mi*.  Porter  said,  Mr.  C 
nock  toI4  him  sir  Wilkiiim  Parky  psi  bad  i 
tbe  comuiis^ioB,  but  1  woybl   not  otfer  that: 
evidence    a^^inst  tho  prisoner   what   aooti 
told  him,  hut  he  says  besides  that  sir  Willie 
PafkyuH  tobi  him  bimself,  thai  he  had  s«ea 
and  tliat  it  was  written  with  king  James's  o 
h;^ud.     He  says  that   they   bad  st^verd 
ingi  together,   sir  Widiam    Parkyns,   and 
ffreat  many  others  ;  and  he  names  the  p! 
the   Na;^\s-heiid  in  Cor eut- Garden,  the  ^ 
Tavern  ui  the  Strand,  and  the  Ghd)e  tavern 
Hatton-Garden  ;  he  tells  you  particularly  t 
it  wus  agreed  that  King  (who  was  execuli 
and  Knigbiley,   and   hituself,  shouUI   go  I 
view  a  place  that  should  be  proper  for  the 


WJ 


Jof  High  Trenton, 

1,  Mid  Ui  fif e  n  report  to  the  prisoner, 
the  rest  of  Uie  consptraiors^  wKut  they 
lit  tlie  most  proper  place ;  and  that 
_  _•  tbey  did  rievf  (he  |>laee»  aod  came 
\  Digbt,  and  fuel  the  company,  wherertf 
liam  Parky  Ds  was  oue  ;  aDiJ  I  bey  j^ve 
oant  bow  ihe  place  was  viewed^  and 
,  was  thou|^ht  most  pmper,  and  ihen  all 
snv  ag^reed  to  ii^  He  says  indeet), 
nifiam  Parkyns  was  not  one  (Hat  was 
i  it  ia  bis  own  person,  but  one  Scuda- 
i  ta  be  the  man  employed  by  bim  ; 
f  Uul  say  it  vvaA  a  ihin^  that  was  very 
'  lo  be  done,  and  would  facilitale  the 
na  nfktn^  James,  and  the  hriniriin^ 
a^u  :  And  tliere  is  likev»i(ie  this 
it^g  efidence  of  Wr.  Porter^s  witli 
,  I  sbftK  observe  by  nnd  by,  tbut  sir  Wit- 
il^rkyns  was  to  procure  6re  horses,  three 
»iiwrwf  be  was  lo  mount  himself,  and  two  he 
wiatotrnd  CAptala  Porter  to  mount ;  and  if 
te«  vere  ftirther  occasion  he  could  procure 
aort  Irofii  Mr.  Lewis,  gentlem:in  of  t)ie 
hant  ts  my  Jord  Feversbam ;  and  accordingly 
vif  bare  jpnMiuced  to  you  two  witnesses,  Free- 
I  aiidTurtAti,  the  one  atajisier.tbe  other  an 
r  tbai  litedattheGeor(re-inn  in  Holhnnj, 
wIm  fife  yciu  an  accoiint  that  upun  Friday 
ktfbsllienrst  day  that  was  designed  for  the 
iHMSiitioo,  tliere  did  coute  tliree  hon»e8  to 
liini,  for  iir  Wdliam  Parky  ns  ;  but  it  beinq- 
{■I  «ff  upon  the  disappointment,  they  were 
Ml  Mt  w  town  ogam.  Upon  the  Friilay 
iftifuda,  ibe  day  before  the  discovery,  then 
^katwme  lour  bones  hrong^ht  to  town,  and  a 
Sill  wif  of  #fr<   Lewis,  which  was  a    roan 

B4fhfm.  Pray,  Sir,  will  yoii  please  lo  oh- 
ibil«»rtof  liorsestbey  were  ;  and  par- 
the  height  of  them,  that  it  may  be 
KPiv  fit  tfiey  were  for  this  business. 
M  6tm,  i  will  do  you  no  wron*^^  s\r  WiU 
bm,  if  I  can  help  it.  The  Jury  havt*  beard 
Ikecfidettce ;  and  by  and  by  they  will  bear  my 
brd'i  directions  :  but  tbey  du  say  there  were 
tokougbt  to  town,  juida'iiftb  was  Kc^nt,  a  roan 
tirsi,  the  witness  said  the  horiio  came 
•la^iie^  bouse,  but  then  preiit-nily  be 
1  biftuelf,  and  acknov^  le»!{(ed  the  »i is- 
i  ffcflerw  ards  said  it  was  from  Somer- 
80  there  were  llie  five  liorsefj,  tliree 
'  sir  William  Parkyns  was  to  mouni, 
Aiktn  Porter,  a^  he  hiniRetf  siiys  ;  and 
t(kw  1  instance  in,  aa  Diiikni<:!f  a  couciir- 
riif^f  idence,  and  very  near  to  two  ivtlnesses 
ttfirove  thi*  jjart  of  the  conspiracy. 

Ti>«o,  ^eotlemen,  captain  Porter  goes  fur- 
IW,  and  say>»,  that  be  had  beard  (but  sir  Wil- 
I  parky  us  did  not  tell  him  so  hiti>«elf)  that 
""liaiiii  Parkyiis  liad  a  commission  to  raise 
*ttt  of  burse,  and  was  pre|»aiing^  so  to 
^  linst  the  time  of  the  invasioti^  to  join 
vik  tlic  forces  that  were  to  come  imm  abroad. 
f}rtn  which,  ue  have  called  Mr.  Sweet 
lilipte  YOU  an  account  that  he  had  been  ai> 
fiijQlcil  wiib  sir  William  Parky ns  tor  throe 
^yi,  and  tlial  be  had  of\ea  talked  wiib  him 


iMftcapta 
Unit  facts 


about  the  kingf,  that  is,  his  present  majesty, 
whom  he  called  the  prince  of  Orani^f  and  th# 
little  gentleman  ;  and  about  kio;^  James,  wbooft 
he  used  to  c^it  always  king  ;  and  he  said  tb« 
kingf  wss  lo  land  very  speedily,  and  that  he 
had  a  troop  which  consisted  of  old  soldiers,  and 
that  there  were  several  volunteers  that  were 
ofHcers  ;  lie  said  be  was  to  take  a  journey  into 
Leicestershire,  anil  accordingly  lie  went ;  and 
when  he  returned  back  again  be  said,  the 
west  and  the  north  were  very  well  inclined  to 
the  kind's  interest,  or  to  thut  purpose.  And  to 
strengthen  his  evidence  we  pmve,  that  he  did 
gn  accord inj^rly  into  Leicestershire,  aod  we 
prove  it  by  his  servajit  that  went  with  him, 
w  here  he  met  with  several  persons,  particularly 
one  Vurboroiigh,  and  a  parson  ;  svlmt  they 
did  transact  the  servant  cannot  prove,  but  he  im 
a  concurrtiiLf  vvituetis  to  prove,  that  he  went 
into  Leicestershire  ;  and  we  have  all  the  rea- 
son in  the  world  to  believe  that  he  went  on  that 
erranil  that  he  s]>oke  of  before,  that  is,  to  nieet 
the  king^f)  friends,  as  he  chilled  king  Jamef. 
And  then  there  is  a  further  concurring  evidence, 
bis  having  a  regiment,  or  a  troop,  it  is  iM>t  ma- 
terial, whether  it  be  one  or  the  other ;  and  that 
h  the  matter  of  the  arms,  4  do2en  of  swords, 
S2  carbines,  36  cases  of  pistols,  that  were  hid 
in  the  garden  of  his  house :  And  these  arms 
we  have  traced  further,  be  sent  ihem  fnmi  his 
house  to  May  wood  ^s  bouse  ;  there  he  (bought 
they  would  not  he  safe,  ami  thcivfore  sir  Wil- 
liam Parky  ns  sends  far  them  privately;  they 
w  ere  to  cmne  away  at  night,  und  he  brought 
buck  to  his  house,  and  they  were  accordingly 
brou^jht  back  in  the  night  to  his  brtuse,  and  tber« 
they  were  buried ;  and  ilie  same  person  saw  them 
taken  up  afterwards,  which  brought  them  to 
liir  William  Parky n«'«  bnnse,  anr]  prines  they 
were  the  same  Imxes  that  were  buried,  and 
which  upon  opening  proved  In  he  tliese  urms, 
that  were  first  sent  to  Hnyvv(iod*s  and  after- 
wards brt»ygh|  bick  to  his  own  house. 

80  that  this,  gentlemen,  is  a  concumng  evi- 
dence both  to  what  Sweet  says,  ami  to  what 
Portr*rsavs;  and  those  are  the  two  witnessei 
to  this  part  of  the  trca^n,  that  there  wits  a  pro- 
vision of  arms  and  men  for  this  purpose,  uhicb 
he  said  he  bad  a  commission  for. 

Now,  gentlemen,  against  all  this  be  makes 
hut  a  very  small  objection. 

As  to  the  matter  of  two  witnesses  to  every 
overt- act,  that  has  l>een  over-ruled  by  the 
court;  autl  as  to  the  arms,  be  says  be  found 
tlif  m  at  bis  house  n  hen  he  first  came  to  it ; 
and  then  tbey  were  obi  rusty  arms,  but  of  this 
he  gives  you  no  manner  of  evidence.  But  if 
they  were  there  when  he  came  10  ibe  bouse, 
bow  came  he  at  this  time  of  day  to  hide  tbera, 
and  secrete  them  ?  Why  might  ihey  imt  be  M' 
public  now  bk  they  v*ere  before  be  came,  which/ 
lie  has  had  time  enough  to  prepare  (o  prove 
since  the  tinding  0I  them  ?  And  lie  does  not 
give  you  so  mut-'h  as  any  colounible  rea^ion 
why  he  so^ecreled  them.  And  therelbre  it  ir 
a  most  just  and  violent  sus^iicion,  that  tbej* 
were  for  the  purposes  thai  the  wittiesscfi  harir 


183] 


8  WILUAM  III. 


Trial  of  Sir  WiUiam  Parh/nt^ 


giTen  yoa  an  aoooimt  of;  and  you  hare  reason 
to  beliere  tbey  were  pronded  for  to  arm  that 
number  of  i6eo,  which  he  was  to  raise  to  assist 
the  French  when  they  came  to  land  here.  So 
that  if  you  believe  what  the  witnesses  have 
■worn,  you  cannot  say  but  that  he  is  guilty  of 
the  treason  charged  upon  him ;  and  we  doubt 
not  you'll  find  him  so. 

Mr.  Cowper,  May  it  please  your  lordship, 
and  you  gentlemen  of  the  jury ;  I  am  of  the 
same  side  of  counsel  for  the  king.  Sir  William 
Parkyns  has  given  us  a  good  caution,  which 
I  shall  take  care  to  observe :  and  that  is,  not  to 
strain  either  fact,  or  law,  to  his  pr^udice.  But, 
my  lord,  when  such  a  mattei-  as  this,  a  crime 
of  this  nature,  is  so  far  proved  against  the  pri- 
soner at  the  bar,  that  nobody  can  in  his  private 
judgment  reasonably  acquit  him ;  then  I  think 
it  a  good  piece  of  service  to  the  public  to  make 
the  matter  so  plain,  thnt  it  may  be  pot  beyond 
all  manner  of  doubt,  both  for  the  ease  of  the 
jurors,  and  for  the  satisfaction  of  all  others  that 
hear  this  trial. 
^  M  V  lord,  sir  William  Parkyna  has  truly  di- 
vided his  indictment  intu  two  parts,  the  one 
that  accuses  him  of  being  concfirned  in  the  as- 
gassination,  and  the  other  tliat  accuses  him  of 
being  concerned  in  inviting  the  French  into  the 
kingdom,  and  en>;aging  to  meet  them  with  an 
armed  force. 

My  lord,  as  to  the  first  part,  I  must  do  sir 
William  Parkyns  that  right,  that  there  is  but 
one  positive  evidence  as  to  the  assassination  ; 
but  that  evidence  tells  ye  he  agreed  to  it  at  se- 
veral meetings ;  nay,  tliat  he  was  one  who  said 
it  was  necessary  to  be  done,  in  order  to  the 
other  design  he  was  engaged  in,  the  facilitatintr 
the  landin;^  of  the  French,  and  king  James  his 
descent  and  restoration.  There  is,  1  say,  in- 
dood,  but  one  witness  of  that  matter,  but  the 
evidence  of  that  one  witness  is  coDtirmcfl  by 
many  concurring  cinMimsUmces ;  by  his  send- 
ing tor  horst's  to  town  the  day  before  the  first 
Saturday,  u  hen  this  execrable  treason  was  to 
have  l>ecn  exocuteil ;  by  sending  thcni  out  of 
town  again  that  day  U|K)n  the  disap|K>intnient ; 
by  sonding  for  theui  again  the  Friday  before 
tlie  MToud  Saturday  that  the  kiuir  was  to  have 
been  a^^sussinati'd  ;  by  his  bavin;<:  more  horses 
than  were  usual  with  him  that  day ;  by  his 
taking  care  tlirn  of  three  lutrses  thnt  were  none 
of  his  own,  and  one  of  tlniu  brought  very 
sus|uriously  fhmi  S«unerset- house;  and  that 
all  thest!  i'itfht  horses  should  l»e  immediately 
hurried  andranitHl  a\«ay  upon  tiic  disappoint- 
ment the  seot>nd  Saturtlay,  and  nothing;  cvit 
heani  of  them  atWrwards.*  I  say  one  of  them 
was  hn>nght « cry  suspiciously  ;  for,  my  loid, 
you  observe  it  cainc  fn>m  Somerset- houses  and 
was  si*nt  by  l^ewis  aei*oidin!r  lo  the  prisoner's 
promise  to  caiitain  Porter,  which  I>ewis,  it  is 
apparent  by  all  the  witnesses  of  this  matter, 
was  pri\y*to  this  design. 

My  lord,  tliere  is  another  circumstance  be- 
tidea  this,  which,  1  think,  has  not  been  ob- 
MTvcd ;  ami  that  is,  bit  Miiding  for  Sweet  up 
to  town  bafora  the  moomI  liiM  that  the  Idog 


was  to  have  been  asnannated ;  he 
indeed  before  both  the  times:  the  firs 
was  told  by  the  prisoner,  he  hid  once 
to  have  us»d  him  in  a  business ;  but 
cond  thoughts  he  had  compassioB  fc 
mily.  And  when  he  came  the  second 
was  first  asked  what  condition  he  ha 
family  in,  whether  he  had  provid 
money.  He  said,  No ;  and  tliere  upo 
chid :  and  the  priioner  said,  he  migh 
well  have  staid ^at  home.  All  these 
stances,  besides  the  one  positive  evid< 
vour  strongly  of  his  having  a  great  hi 
design  of  assassinating  the  king. 

Bnt  then,  iny  lord,  as  to  the  other  ] 
inviting  the  French,  and  preparing 
them,  that  is  positively  proved  by 
nesses.  Captam  Porter  tells  yoa,  tha 
soner  was  at  the  two  meetings  in  Le; 
street,  and  St.  James's- street,  where  i 
])ressly  resolved  by  all  that  were  pret 
the  prisoner  among  the  rest,  to  send  i 
over  to  invite  the  French  to  invade  tl 
dom,  and  to  promise  to  meet  king  Jan 
landing  with  two  thousand  horse.  H< 
That  sir  William  Parkyns  did  pa; 
agree  to  what  was  resolved  upon  at 
consults.  And  Sweet  tells  you,  thai 
prepared  for  the  same  design  ;  for 
William  Parkyns  told  him  the  kin 
land,  he  had  his  word  for  it ;  and  h 
had  a  troou  of  old  soldiers.  *  My  tr 
*  consist'  (lie  spoke  it  in  the  present  U 
it  being  a  doubt,  sir  William  Parkyns 
self  that  right  as  to  examine  the  witne 
and  he  repeated-  it  as  his  words)  '  3 
*■  consists  of  old  sol<liei*s,  or  is  compos 
'  soldiera ;'  and  he  was  to  have  sever 
teers  that  had  been  ofhcers. 

My  lord,  these  two  positive  wiin 
evidence  that  goes  to  the  same  spccici 
son,  nay,  to  the  same  design,  the  rais 
bi'llion,  and  the  deposing  the  king, 
killing  him  in  lus  politic  capacity  ;  I  s 
two  g(t  home  to  the  same  design. 

Anil,  my  lord,  this  evidence  upon  th 
of  the  indictment,  is  corroborated  tOd 
strong  circumstances.  There  is  a  joi 
Li>icestcr,  >^hich  Sweet  speaks  of,  thai 
Parkyns  told  him  he  would  underts 
journey  it  is  provid  by  his  servants  th 
undertake :  that  he  met  there  with  sev 
sons,  and  came  back  and  made  his  i 
Sweet  of  the  success  of  his  journey,  ; 
well  dis|>os(.Hl  the  king^s  friends  were,  1 
name  he  always  meant  king  James ;  1 
he  s|)okeof  our  present  king,  he  called 
IJitle  Geu'iloman,  or  sometimes  king 
and  sometimes,  as  the  w  itness  at  laft  s 
tively.  the  prince  of  Orange:  but  \ 
spokeof  the  king,  uitliout  anything 
alwaj^s  meant  king  James;  and  bei 
sfioke  of  a  kioj;  that  was  beyond  sea  a 
iBas  last,  which  could  not  be  king 
who  was  then,  and  had  been  in  EngUnt 
before. 

Aly  kird,  the  pr  itooer  in  hii  defenoe  I 


'High  Treoimi* 

him  thai  went  with  bim  loto 
been  formerly  Charnocli's 
«Dl  hy  Char  nock  with  the 
aod  not  by  him.     Yet 
fciit  the  evidence  swore  po«i- 
I  by  sir  William  Parky ns,  his 
lit  the  note  in  the  aliiianack 
1  to  whom  lie  was  directed  to 
I  at  the  caofectioner's  housif; 
Imt  done,  that  the  person  that 
^  ctiotier*8  did  not  remit  him 
►  hk  nin'^tersirWiUiDm  Par- 
would  lie  at  liorae, 
.  er  he  should  iiave 
sad  this  WAS  upon  the  very 
fwms  to  have  been  aswssi- 

William  Parky n»  ha«  corn- 
lie  ctiM  h&Te  had  his  evidence 
ksfe  imivcd  the  arms  had  been 
m  bause,  and  that  he  found  them 
CiflQO  thither  first.    If  we  should 
r,  we  niiifht  confess*  and  avoid 
ipfiiirent  that  these  nrms  were  on 
{mt  tip  in  a  suspicious  manner 
sent  to  Haywood's  (who  is  a 
ion,  by  reason  of  his  relation  io 
Etitlfotl  whuse letter  und  recomnkeda- 
iipceivefl)^  and  concealed  till  ttie 
ted  ;    and  then  they  were 
\  that  place,  and  buried  in  Mr 
own   i^aiYien.    This  was 
■tJa^'mg   out    of  the    plot; 
d  for  the    better  securing 
t>ds.     And     rthereaii   the 
II  ere    oKI    and    rii9ty 
nu  it  now  appears  they 
•lurbijkhcfl  arms,  and  the 
1b,  and  packeil  together, 
ftcour^c  to  another  arg'u- 
pUcf%  the  riio*l  inovinrj-,  1  must 
and  that  ia  the  art^nment  of 
of  his  education  in  the 
n*  of  his  ioiiniiitie*,  hi« 
y      Arj^uincnts  of  pJty  I  am 
guc  II ri  ttfrsw^r  to»  and  UiouU  be 
I  any  niotion«4  of  it ; 
1  by  vvay  of  answer 
"     t  he 
\i*  i  in 

ImM  ban*  bij  v, 

IfloUCll  hi  1/I...S  '---•-■■  •'-  ^.<.u^>it 
Btnil  46«iilayt>i» ;  that  hi<  ^l^atlil  h»vo 
f  ii|ian  lb.  J.  ,1  of  kiiigH  uimI  the 
mm  ;    !•  t-re  wai  no   jiity. 

•J  lhpii|:  '  l.iiil  their  dcsityus 

krf  taj  ^  er,  hut  they 

Ujm,  Htkii  rjer- 
Ui>u  ai  Ei^^^n^sinatinir  hiui 
di<»j»|H»iiitpd  ;     that   it 
V  under- 


A-  D*  IS96. 


[ISG 


Mke  out,  ami 


appear 
for  it ; 


iiNill«  iUQi,  I   tUiitki  of  his 


defence ;  I  Tiave^  as  well  as  1  was  able,  give 
an  answer  to  the  objections  made  to  it,  and  I] 
muat  now  leave  it  with  yoii,  gentlemen  of  thtr] 
jury :  and  IhoDgh  these  considerations  that  |  f 
hare  mentioned  may  not  quite  remove  all  com*  { 
passion,  yet  they  may  serve  to  confirm  you  tB 
a  resolution  of  doing  the  king,  and  kiu>rdoiii|J 
and  yourselves  justice ;  and  that  is  all  weaskl 
of  yon. 

i.  C.  X  Gentlemen  of  the  jury,  sir  Willian 
Parkyns  is  indicted  of  high -treason,  for  design  • 
ing»  'imagining,  and  compassing  die  death  of  J 
the  present  km^.  There  have  been  severalJ 
witnesses  produced  that  have  given  evideno*! 
upon  this  mdictment;  the  first  of  th«m  is  Mvml 
Porter,  who  has  been  a  witness  beretofor«J 
against  several  upon  the  like  occasion  ;  and 
he  gives  you  this  account,  that  about  the  latterl 
end  of  May,  or  the  beginning  of  June  last^J 
there  was  a  meeting  of  divers  persons  at  thM 
Old  King*s*head  tavern  in  Leadenb all -street,  till 
the  city,  where  they  dined  together;  and  the 
was  sir  VViUiam  Parkyns,  captain  Porter  Ijim* 
self,  sir  John  Fenwick,  sir  John  Freind,  and  i 
diversothers  that  be  has  raentionetl  to  you.  Afl 
that  meeting  they  did  consult  together,  whicli.] 
way  the  late  king  James  might  be  restored,  and  if] 
was  thought  very  necessary  that  there  shoulil  ] 
be  a  French  force  sent  over  hither  to  Join  with^ 
others  for  his  restoration.  And  they  did  amon^  ] 
tltemselves  agree  and  determine,  what  number  I 
of  forces  might  be  convenient  tor  tliat  purpose  ■  J 
they  did  propose  10,000;  6,000  foot,  3,000 1 
horse,  nnd  1,000  dragoons ;  and  that  a  messagr  I 
should  he  sent  over  to  king  James,  to  peri^uada  ' 
him  to  snhcii  the  French  king  to  furnish  hint  i 
with  sach  a  number  of  men,  to  ha  sent  over 
into  England.  Mr.  Cbarnock,  that  was  thea  i 
in  the  company,  was  lU<3  perbon  agreed  upon  j 
among  them  to  be  the  messenger  to  besenlj 
upon  this  errand  ;  which  en iployment  he  did  I 
undertake,  upou  their  promise,  that  they  would  j 
I'aisc  among  themselves  2,000  horse  for  to  me 
the  late  king  at  hi^i  landing. 

This  being  at  that  time  determined,  and  Mr, 
Charnuck  having  accepted  this  employment,  hm 
did  make  preparation  to  go  upon  thLs  eri-and.  In  i 
some  time  alter  (a  week  or  a  fortnight,  ortbere«  I 
abouts)  there  was  another  meeting,  at  whieb  ' 
were   several  of  the  same  persons  that  were 
pre3!«etit  at  the  former,  and  among  ihem  si^  j 
William  Parkyns  was  one ;  and  tliis  meeting  ^ 
was  at  one   Mrs.  Mountjoy'a,   that   keeps   a  i 
tavern  in  5>t*  Jame8*s-street,  where  they  did  1 
<lt**cuur5e  of  what  they  had  formeily  agreed  f 
upon,  and  did  again  consider,  whether  thejJ 
should  proceed  tosend  Mr.  Charnock  with  that  j 
meiisage  ;   to  which  thev  all  ngreed,  that  Mr, 
Cbaruock  should  go,  and  he  accordingly  wenit  J 
and  captuiii  Porter   met  him  abimt  five  or  s'lv] 
weeks  aficr  the  nteeting  at  Mrs.   Mountjoy*t|J 
and  Charnock  told  him  he  had  been  with  thaij 
several  persons  tvho  had  sent  him,  and  had  nc* 
qnainled  them  with  the  answer  of  king  James  |  J 
which  was,  that  at  that  juncture  of  time  th«j 
French  king  had  Hucb  occasion  for  his  foree%  I 
that  ho  could  UQi  ^ptire  tbem,  or  furntsb  biua  1 


ItZJ  8  WILLIAM  UI. 

with  fo  iBADy  to  come  over  here.  This  is  the 
lint  matter  tbat  Porter  givev  you  ao  account 
of. 

But  then  captain  Porter  tells  vou  farther, 
how  the  design  of  assassinating  the  king  was 
set  on  foot  about  the  latter  end  of  January,  or 
the  beginning  of  February  last;  about  which 
time  sir  George  Barclay  was  sent  over  with  a 
commission  from  the  late  king  James ;  which 
acems  to  have  given  great  encouragement  to 
that  paity  of  men  :  For  sir  George  Barcley, 
captain  Porter,  and  sir  William  Parkyns, 
wiih  divers  others,  had  several  meetings  at  the 
Globe  tavern  in  Uatton-Garden,  the  Nag's- 
Ueiid  tavern  in  Covent-Garden,  the  Sun 
tavern  in  theStrand,  and  other  places.  And  at 
these  meetings  they  entered  into  consideration, 
what  was  the  best  way  to  restore  the  late  king 
James  to  the  throne ;  and  it  was  agreed  among 
them,  that  the  best  means  for  the  effectine  that 
restoratioD  would  be  to  kill  king  William, 
which  they  resolved  to  undertake;  and  at 
these  debates  and  resolutions  sir  William  Par- 
kyns, the  prisoner  at  the  bar,  was  present. 
Cfapfain  Porter  being  asked  whether  sir  Wil- 
liam Parkyns,  at  these  consults,  did  consent  to 
tile  king's  murder,  he  said  they  did  all  agree 
to  the  asisssination  of  the  king ;  and  sir  Wil- 
liam Parkins  said,  he  thought  it  was  very 
necessary  to  be  done,  to  facilitate  the  restora- 
tion of  the  late  king. 

Gentlemen,  this  design  of  assassinating  the 
king  being  thus  re&alv^  upon,  the  next  thing 
considered  among  them  was,  how  it  might  be 
effected.  There  were  several  ways  proposed: 
One  was  by  an  ambuscade  ;  for  the  king  having 
a  house  in  the  countiy  by  Richmond,  his  Ma^ 
jcsty  u«ed  to  go  once  a  Heek  a- hunting  there- 
about, and  to  return  at  night ;  and  therefore 
an  ambuscade  on  that  side  of  the  \^  ater,  near  the 
house,  was  pi'o|Kiifed.  Then  another  proposal 
was  made  to  fall  u|H»n  the  guards  on  this  side 
the  water,  and  at  the  same  time  that  the  king*s 
coaoh  \%as  to  he  »et  upon.  And  these  two 
places  being  propoM'd,  there  was  some  dif- 
ference of  opinion  amung  ihcm;  whereupon  it 


Trial  ^  Sir  JVUUam  Parkyns^ 

other  two  were  to  be  mountad  by 
tain  Porter's  providing;  Mr.*  Porter 
Chamock,  and  one  Rookwood  were  to  bi 
cipally  engaged  in  attacking  the  guards, 
number  of  men  agreed  upon  for  the 
were  about  forty,  or  itvr  more,  and  sir  C 
Barcley  vras  to  have  a  party  oat  of  theok 
about  eight ;  and  as  tboae  other*  went 
upon  and  charge  the  {guards,  air  I 
Barcley  with  his  party  of  men,  was  lo 
the  king  in  his  coach,  and  by  abooting  i 
coach  to  kill  the  king  and  all  tbat  wen 
him. 

The  time  ajfreed  upon  for  patting  % 
sign  in  execution  was  on  Saturday  &e 
February.  That  day  it  was  expected  tl 
would  go  a  hunting.  And  two  mei 
nlantod  at  Kensington  to  give  notice  w\ 
king  went;  and  upon  such  notice  the 
were  to  march  out  in  small  parties, 
lodge  in  the  inns  and  public- bonsen 
Brentfonl  and  Turnham  Green,  upon  w 
the  king's  return  from  the  other  aide 
water,  and  sir  George  Barcley  waa  to 
readiness  to  set  upon  the  coach  in  the 
and  the  other  party  to  attack  the  guards. 

But  this  horrid  design  was  very  happfl 
covered,  which  prevented  the  kinff^ 
abroad  on  that  day ;  and  thouffh  they 
disappointed  for  that  time,  yet  the  des^g 
not  at  an  end :  But  tlicir  resolntions  qm 
to  make  the  like  attempt  when  they  oooU 
another  opportunity.  And  for  that  |R 
there  was  another  meeting,  as  captain  1 
tells  you,  iiiion  the  Friday  following  i 
Sun  tavern  in  the  Strand,  at  which  sir  IV 
Parkyns,  sir  George  Barcley,  Rookwoo 
Chamock,  and  captain  Porter,  were  pn 
and  they  did  agree  to  attack  the  king  a 
guards  the  next  day,  in  the  same  |dac 
manner  that  they  had  formerly  agreed 
But  by  good  providence  the  king  had  na 
it«  so  that  he  did  forbear  to  go  abroad  tha 
whereby  these  conspirators  were  total! 
appointed  of  their  barbarous  and  viUuno 
sign  which  they  had  resolved  upon,  ao 


WHM  agretHl  thai  some  persons  should  be  Kent  j  made  such  preparations  to  compass. 


to  view  the  ground  on  Wli  sides  the  Hater, 
which  |KM-KunH  wer»  eaptuin  Porter,  King  that 
was  exerntml,  and  one  Knightley :  And  so 
siiinv  days  hefon*  the  16ih  of  Februaiy  they 
did  go  un  bntli  sides  the  \«ater,  and  viewed  the 
ground,  and  reiunuHl  in  the  eveniui^  to  the 
Nug's-head  tavern,  nei*onling  to  ugreeinent ; 
when*  were  met  together  ^^ir  (ieorge  liHi'eU\v, 
•"Vlr.  ()hariiiH*k,  an<l  the  prisoner  ut  the  har  sir 
William  I'liikyiiM.  And  ihere  they  made  their 
rejioit  of  their  «ie\v  of  the  ifnuind  ;  upon  which 
Uitli  the  iiiopoHaU  were  debatetl ;  and  at  last 
till  V  did  all  h|(irt«  tliat  the  attaek  should  be 
iiiiido  u|Niii  tlis  king  on  thiK  side  of  the  water, 
III  a  iune  that  was  lietwiHMi  llrentloni  and 
TiiinltaMi  KitHPu;  and  the  attack  uinhi  the 
giianla  waa  likrwl««i  lu  be  made  thsreanouta. 

Nir  William  Parkyns  was  to  furnish  five 
liMiaaa,  whereof  ibraa  of  Itan  wara  in  hn 
UMlii  by  Mm  aT  Un  #w  piffUhif  |  Ai» 


It  is  true,  captain  Porter  does  tell  yi 
William  Parkyns  was  not  to  be  one  that 
be  actually  present  at  the  assassination ; 
was  to  furnish  five  horses;  three  of  then 
mounted  by  men  of  his  own  providing 
tw  o  by  men  that  captain  Porter  was  to  pi 
And  you  are  told  jiositively  that  captain  1 
at  this  last  meeting,  did  complain  that^  I 
hit  horses  were  fallen  lame,  and  aoqaau 
William  i\irkyns  with  it ;  and  he  prom 
III  Ip  him  to  two  more  by  the  means  i 
liewis  that  was  gentleman  of  the  bone 
loni  Feversham. 

Then  \ou  are  told,  that  sir  William  Fi 
sent  to  Sweet  to  come  to  town  the  litis 
bruary,  and  Sweet  i^>mea  to  town  aeoiN 
on  Wednesday  the  l«th  of  Febmair;  «i 
be  hail  discourse  with  sir  William  Pbrli 
bialo^nn;  where «r  WiUan ttM M 


Wm^mSkj^km 


J&r  High  Treamu 


bdlflm  he  intended  for  biin,  tnil 
Ed  Mm  f«  buitie  again  ;  and  iviihal 
tofa«  teltim  to  i<»wti  the  Fmlay  fcl- 
d  witef  Hid  i^r(»ovii  lo  litin^  his  h^ir**^.** 
|>«  nwotiAfied  tbree  lini-ses  which 
i ,  -•  -7"  '♦  he  had.  The  ^r  mho 
-.o-*,  mid  Swewl  came 
.-.  „ ,„,»  ...>  luait  till  SimirdHy.  8ir 
nrfymtftht,  he  thought  to  i^o  out  of 
ftfin^rfumn.  tjitt  tliil  not,  hiiL  !4aJd  till 

I  town. 

Aing^tbe  hOTBesof 

feP«^kyl]ft  v*er4;  hrouifht  to  town 
I  BMW  wer«  <»Mir,  and  wrre  set  up 
Mf^^inn  in  llolborn;  Mini  it  appears 
Leirii fiirn't«hcd  one  horse;  lor  there 
|tafi»u)>on  the  iiccounl  of  hir  Wm. 
^Kid«  a  roan  hor«^  wai*  ottf ,  which 
Hiicraet*huu»e.  This  ifi  proved  hy 
';  ndllnt  Leuia  him^eircame  in  on 
biheaft^rnomi  to  iaqiure  Ibr&ir  Wm, 
;  b»jt  he  wan  ^iie,  and  the  horses 
raj",  and  h**  once  came  with  sir 
|)fn%  Uk  the  inn.  These  are  cir- 
ili>  <  rinrur  w^fth  and  confirtn 
-  fsonccrniug  the  |>n}- 

iciiUr  of  captaiu 

-  the  comrnisHioei 

,  wliieli  t>  ii'^mnrkahlt?:  it  was 

a«krd  Ch;irn4H.'k  whether  he 

iiin  :  lie  sai<i»  No,  hut  sir 

:  and  sir  Wno.  Parkyns 

as  tlicy  were  siltinn^  by 

ler  he  had  seen  ttie  oom- 

*   "         ^'    '     1 1 .'  answered, 

>\  and  it  TV  as 

.  uui.  i..,.j«j ;  and  thai 

►  make  vnr  upon  the 

..i  ;.iug',  who  was  called  in 

L9   ynii   may    si4M>ose,  the 

^  tbftt,  geiithMnen,  ns  lo 

Wtfiiiialing  ihektni^,  and  of 

y  i»hidi  vraa  oiiderstood  by  them 

f^n%p.y  thifl  16  the  sum  and  ^wh- 

^*8  evidcne^?,  w  nttendeit  with 

by  itiese  cirf?aniiitauoe8,  as  yuu 

wit»f*x««  Sweet,  who  wag 

of  sir  William  I'arkyiM, 

"■  last  he  iras 

'S   il*^t  the 

i>   hi'  uiMirrslond  to  he 

He  aitked  sir  William 

\^  it?  aud  he  fcaid,  He 

Ifvr  tl;  and  that  \m  irmn»  con- 


'■   ^'-         ^,    He 

^  anil  he  did  i^ 

wn^in  Jatjuarv, 

itirr,     Th^y 

iijd  I  he  next 

tvfnit  with 

'ii'jli,  and  a 

"^"  «>t    Y-rknijire:  aud 


Mytn 


•rt  kt  Mid,  He  founll  all 


A.  D.  1699.  tlW 

thereto  be  Terv  well ;  and  the  west  was  as  wett 
inclined  to  the  king's  intei  e«it  as  the  north  ;  and 
a  herd's  brothei-  wasconeerned. 

Tiien  in  the  next  plncc  you  are  tohl,  That 
at  Michaeltnas  last  Mr.  Cbarnock  did  write  a 
letter  to  one  Haywood,  who  had  nnarncHl  his 
sjfiier,  and  llvtd  near  sir  William  Psrkyns  in 
WHrwiekshire,  to  desire  him  to  receive  *ome 
sfoeds  into  bis  house  that  were  to  come  from 
sir  William  Parky ns's,  and  lay  them  up  terr 
carefully  ;  for  they  were?  eboice  ifoods,  whicft 
sir  William  durst  not  leave  in  his  ow^n  hoiraov 
berauAe  he  had  left  it.  And  accordiuiily  there 
wer«?  lb  CSC  bojces  and  chests  sent  to  lla^  wood*9, 
and  receiired  by  him  into  hi«i  house,  where  they 
continued  till  the  latter  end  otrebruury.  Hay- 
wood about  th(&  lime,  when  the  destg'ii  of  the 
As«iasfii nation  was  on  foot,  met  t\ith  sir  Williaoi 
Parkynsin  town,  an*!  asked  him  how  he  would 
dispone  of  those  gfoods  ?  TherRiijjon  sir  William 
Parkyns  sent  hi^  servant  ioto  the  country  ;  and 
notice  was  {*iven  on  Ash-Wednt^sday,  the  Wed- 
nesday after  the  6r8t  proelamntion  that  i^ued 
upon  the  discovery  of  this  conspiracy,  that 
i\wsii  i^oods  should  beremovetl  :  and  a  man,  in 
the  evening,  went  to  Haywood**  bouse  with  k 
cart  and  horses,  and  removed  these  chests; 
they  were  three  in  number ;  and  li^iSL  hemj» 
opened,  there  were  eight  le^iser  ones  taken  uut^ 
and  carried  away  about  nine  or  ten  oViock  at 
night  to  sir  Wifliam  Parky ns':^  house  in  W»r« 
wiekshire,  where  they  were  buried  in  tin* 
garden,  and  afltrward  weru  dugf  u]i ;  whicit 
was  at  the  searching'  sir  William's  liouj^  upun 
the  bieakintrout  of  the  plot;  and  when  they 
were  ojirned,  it  did  appear  what  sort  of  go<wis 
they  w  ore :  they  were  arms,  a  considerable 
fjuautiiv  of  ibeni ;  four  dozen  of  Kwonb  with- 
out hills,  twenty*<iTe  pair  of  pistols^  and  m 
grcJit  number  of  carbines,  th'rrt)  -two  as  1  re* 
meiiiber^  and  a  puree!  of  hills  packed  up  in  a 
box  by  ihcmpelves.  This,  grenilemen,  is  swora 
to  you  by  the  persons  that  were  present  at  the 
dig-jjingf  them  up,  and  opening'  the  boxes.  ^ 

Then,  gfentlemeu,  you  are  told,  That  ibou^h 
sir  William  Paikyns  pretends  Tnc*'  were  arms 
ihst  he  found  in  the  house  when  t^e  came  \\x\* 
thcr,  yet  they  were  not  old  msty  art>is^  as  ha 
pratends,  but  they  were  very  brig^bt,  aud  Irt  fbf 
uw  and  service. 

There  is  one  ctrcumstaBce  ntofe  that  /jem^ 
to  affect  sir  Williawi  Parkyns,  ab^ut  the  besi- 
ncM'^  of  the  assassination ;  and  that  is  prced 
by  Eubank,  bir  WiJlium's  own  servant.  There 
was  a  note  seat  upon  tSuturday,  the  22d  of 
February  in  the  morning ^  to  one  Brown  at 
KenBing"tont  by  sir  William  Parky ns's  man  ; 
aod  this  Brown  writ  in  the  servant'^  Almanack, 
that  he  would  be  in  town  himself  in  a  little 
time^  iind  bid  bim  carry  it  lo  a  man  that  lodged 
at  a  confectioner's  over  as^ainst  Gray's-inn  gate 
in  Holkirn:  sir  WlUiatn  Parky  n'i's  man  ac- 
cordingly goes  to  this  confectioner's,  and 
S[M'akii  with  the  person  there  that  he  was  di- 
rected to  ^ri  to  J  and  he  says  he  was  a  ^k;otch• 
man^  and  talked  broad  like  a  Scotchman,  and 
he  bid  bioi  go  aud  idl  Itit  lutster^  tbtt  h^ 

K 


\st] 


8  WILLIAM  IIL 


Trial  of  Sir  WilHam  Parhym^ 


and 


would  stay  within  for  him  till  be  came 
he  did  accordingly. 

Gentiemen,  This  is  the  sum  and  substance 
of  the  evidence  that  is  iciTen  against  sir  Wm. 
Parkyns.  Now  you  are  to  consider  what  sir 
Wiltam  says  for  himself:  he  does  admit,  and 
agree.  That  what  Porter  says  is  very  positive 
and  full ;  but  that  is  but  the  eridence  of  one 
witness :  for,  sa^s  be,  by  the  law  no  person 
^oght  to  be  convicted  €f  h*igh'treason  upon  the 
testimony  of  one  witness*  As  to  the  matter  of 
bw  be  is  in  the  right :  no  man  ought  to  be 
CDovicteil  of  treaMHi  uikmi  tbe  testimony  of  a 
single  i«itnc58.  *  Now,  nrst  Suppose  the  desic^n 
to  assassinate  the  king  had  not  been  proved  ; 
consider  then  whrtlier  there  be  not  two  wit- 
nesses besides.  Porter  proves,  that  Chamock 
was  sent  into  Fiance,  by  sir  William  Parkyns, 
and  others,  upon  that  errand  ;  to  uhich,  if  you 
add  the  testimony  of  Sweet,  that  swears,  that 
air  William  Parlivns  told  him  the  king  would 
come,  antl  he  hail  a  troop,  and  had  bought  sad- 
dles ;  and  what  is  said  concerning  his  going 
;nto  Leiccsterahire,  and  his  having  a  quantity 
fii  arms :  if  all  which  be  understood  in  pur- 
suance of  the  design  against  his  present  ma-  - 
jesty,  then  there  arc  at  least  two  witnesses  of 
several  overt  acts  of  tbe  same  treason. 

For,  gentlemen,  I  must  tell  vou,  though 
there  had  heeii  no  evidence  ui  a  design  to  as- 
sassinate the  king,  but  the  desigti  and  purpo^^e 
bad  t»ern  tu  dcpuse  him,  and  set  the  late  king 
upon  the  throne,  or  join  with  a  force  to  invade 
the  realm,  that  is  high-trcasitH  within  the  sta- 
tute of  25  £dw.  3,  as  bt-iiig  a  designing  the 
death  and  destruction  of  the  king.  Tliere  hath 
been  a  full  proof  by  two  witnesses,  if  what 
Sweet,  and  the  other  witnesses  besides  Porter 
say,  tu  pro\e  sir  Wdliam  Parkyns  to  he  con- 
oerncil  in  that  design,  which  shall  be  consi- 
dered further  of  by^aiid  bye. 

Unt  in  the  next  place,  suppose  that  the 
me(*tings  at  the  King's- Head  in  Leadenhall* 
street,  and  at  Mounijnv's,  had  iu>t  been  proved ; 
but  Vie  desi^-ii  to  aNsassinute  the  king  is  proved 
by  one  \«  itncbs,  and  the  providing  men  and 
arms  to  fi^iU  against  him  is  proved  by  one 
other  witness  ;  this  is  a  pmuf  of  the  same  trea- 
son :  for  though  the  overt  acts  be  several,  vet 
thev  both  tend  to  the  same  end,  the  distinction 
of  ilie  king,  thouuh  in  a  different  manner  ;  and 
though  the  law  requires  two  \^  itni'ssc>s  to  the 
same  sort  of  treason,  yet  it  does  not  require  twu 
witnesses  to  any  uu«  overt  act.  For  if  one  wit- 
ness prove  one  overt  act  ai  one  time,  and  ano- 
ther witness  prove  another  o^ertaot  at  ano- 
ther time,  these  are  two  witne^syeK  within  the 
meaning  of  the  law ;  and  so  it  liaN  been  always 
practised,  and  never  denied  to  be  law  that  I 
ku.iw  of. 

Besides,  it  is  oliScTvaldo  upon  tlii«  ]H)int, 
ivhich  my  brother  has  inintioiiid,  that  t hit  in* w 
act  of  parliaiiieut,  which  dot's  not  yi  t  lake  tf- 
fect,  provides,  that  there  shall  he  riilu  r  twu 
witnesses  to  one  overt  art,  or  one  uitiuas  lu 
one,  and  another  to  another  of  thu  aaiiir  s|i«eimi 
•f  treason}  and  you  bnftthad  tbvopimuB  ol 


all  of  us  now  that  are  here,  that  tbett  are 
acts  of  one  and  the  same  species  of  treaso 

Bnt  then  sir  William  Parkyns  objects, 
Sweet  does  not  prove  any  overt  act.  N* 
that,  you  are  to  consider'tlie  force  of  8 
evidence,  who  tells  you  the  discourse 
William  Parkyns,  ab<»utChiistmas  last, 
king's  comiog,  of  bis  saddles,  and  of  hk 
consisting  of  old  soldiers,  and  volunteer 
were  old  officers.  But  says  sir  Wm.  Pai 
this  is  only  words,  and  words  are  not  tr> 
But  then  oonsider,  that  they  are  word 
relate  to  acts  and  tJiiugs.  You  hear  be 
great  quantity  of  arms,  beyond  what  be 
private  man,  could  have  occasion  for,  or 
use.  He  does  not  uive  you  any  accona 
he  was  to  ilo  with  those  arms,  or  to  whs 
pose  he  sliould  keep  them,  nor  why  he 
them  to  be  removed  in  the  night,  aftn 
had  lain  privately  in  Haywood's  bona 
caused  them  to 'be  carried  back  to  b 
house,  and  buried  them  in  the  ground,, 
such  a  time  when  there  was  a  plot,  wm 
the  plot  was  discovered,  and  a  prodamaB 
for  his  own  apprehension. 

Sir  William  Parkyns's  disooorse  with, 
of  king  James's  coming,  and  .bis  troo 
sisting  of  such  men,  plainly  shews  wh< 
anns  were  for.  For,  gentlemen,  meK 
courses  and  tlieir  woitls  explain  their  «• 
and  an  indifferent  action  in  itself  mky 
explained  by  words,  that  it  will  be  noi 
It  is  lawful  for  a  man  to  buy  a  pistol ;  I 
vskn  be  plainly  proved  fron;  bis  wonbi 
s|>eerbrs,  that  tbe  design  of  buying  it  i 
use  it  against  the  person  or  lite  of  tbe 
that  willbe  an  overt  act.  Now,  vi  ben  stl 
Parkyns  said,  The  late  king  would  oon 
that  he  had  a  troop  which  consisted  of 
soldiers  ;  then  these  arms  being  found  i 
manner,  I  must  leave  to  your  considc 
whether  it  is  not  a  proof,  for  uhat  purp 
did  provide  them,  and  to  what  use  he  bl 
to  put  thi'in ;  especially  since  he  gives  i 
account,  uhat  use  or  occasion  he  l^d  for 
He  says,  indeed,  he  found  them  in  tbe 
two  ^ears  ago ;  how  probable  tliat  is, yo 
consider. 

Then  there  is  another  thing,  his  goin 
Leicestershire  witli  Scudamore,  and  bis 
iug  there  with  Yarborough  and  other  pe< 
that  private  and  hasty  manner.  He  wi 
on  the  Thui-sday,  and  came  home  agaii 
Monday  ni^rht ;  and  then  he  meets  with  1 
and  tells  him  that  all  was  well ;  and  tbi 
was  as  well  inclined  to  the  king's  intercil 
North.  What  king  must  he  mean?  fl 
no  commission  from  king  William  to  | 
I^icestershire  to  discourse  with  people, 
how  they  xtomi  affected  to  bis  interest, 
loinca  uiul  tdls  vou,  tliat  when  sir  ^ 
I*arkyu8  N|N>ke  of  the  king,  he  undents 
meant  king  Jamca.  1  must  leave  it  « 
coiiiinlcration,  Imw  you  will  interunt 
wonls. 

Iitiirw.gwtlemen.ititnotfiitbem 
btujfiiniMaorfbmdt 


I 


US}  Jor  High  Treasoiu 

i  iDin^f  wnrds  or  actions,  wbeo  he  is  trteil  for 
Jiis  lile.  You  ought  to  \\h^e  a  lull  am)  s^iti^- 
hctaitj  etidcQce  U*  convince  von,  tliul  lie  is 
nHty,  before  you  pronounce  liiiii  so ;  Ikii, 
Kowtrer,  you  are  to  cooAidf^r  ibe  naiure  of 
ibitig^,  Slid  the  eircuinstanccb  lUat  attend  tliem. 
If  \»Mi  i-.ju  vu|ifKi»e  that  lie  went  intf>  Lt?icesier- 
kiiur  to  kini:  NV  illiam*s  frieufk,  ami  that  he  wns 
I  op  nn,  the  West  was  a^i  frell  affected  to 
hr<^  \\  ii;i«iai  as  the  North  ;  then  you  make  a 
Ufrrttt  cointtmction  from  Hwe»^t^  who   tells 

rl»  tiiAi  always  when  he  spake  of  the  king, 
OQilerstood  it  of  kini^  Jame^;  nod  ul  Chrm- 
Ais^  when  he  spoke  of  the  kiu^^s  crmMii|>;i  it 
ttnal  be  meant  kin^  James  ;  fm  kiuj;  H  iSliain 
«ii  ber«  iHffofv,  and  he  preteuttH  not  he  h^d 
my  autbority  to  raise  a  troop  forking-  WiUiam. 
60  that,  gentletnen,  1  inuRt  leave  it  to  you 

2  m  the  whde  matter;  if  you  are  nalislied, 
titr  Wil'iQin  PjLrkyns  is  g-uilty  of  the  tnat- 
Unffwliicb  he  standii  charged,  you  will  tind 
Vtfa^l^  ;  you  have  heard  the  evidence,  nnd 
wilooosider  of  tt;  and  if,  upon  the  trhol«.v,  yoii 
■«  Mt  feaLuHcd  that  he  is  gudty  of  the  nuiiers 
cbmed  itt  ibb  inJictwent,  then  you  are  to  ac- 
fDtitm. 

IWa  fto  ofltcer  beb;^  sworn  to  keep  the  Jury 
leeorliim  to  custom,  tbey  witlidrew  to  constiler 
oCtbor  Tmiict,  and  in  less  tliun  half  an  hour 
miimeil  iota  couii. 

CL^Ar*  Gentlemen  of  the  Jury,  answer  to 
}^iiritti»a.     William  Xorthey — '-^ 
%f,  Kort/tcy*    Here.    (And  so  of  the  rest  ) 
CLtfAr,  GeatleineOf  aj-e  yoti  all  o^eetl  on 
)««ri«fdicl? — Jury.   Yes. 
11  ^Ar.    W  ho  shall  say  for  yon  ? 
huj.    Out  tbreniau. 

Cl^ffAr,  Sir  VViiUam  Parky ns,  hold  up  thy 
ia4    nVbich  he  did.]     I^<jk  upon  the  pri- 
kom  fsmy  ye,  is  be  Guihy  of  the  hii^h- 
M^bereof  be  stands  intlicit^d,  or   Not 
€l«tf^,-^Forri«Miif-    Guilty,  my  h>rd« 
C^  v/Ar,    VVIiiit  (/ooda  or  chattels^  lands  op 
hail   he  at  the  time  of  the  hij^'h- 
oommilted,  or  ut  any  titne  siuee  ? 
Tmrtmmrt.    Nune^to  our  knowledge. 
X.  C  J.    Jailor,  look  to  him,  he  is  found 
f  adty  of  high  treason. 

CL  of  Ar.  Then  hearken  to  your  venlict  as 
the  tmiri  has  recorded  it.  You  say  that  sir 
Williaia  Parky  us  is  guilty  of  the  high-treason 
wbrceof  be  stands  indicted,  but  that  he  had  no 
I^Qods  or  chattels^  lands  or  tenentenl^,  at  the 
Hmeoflbc  high  treason  com  mitt  etl»  oral  any 
^lae  since,  to  v our  knowledge,  and  so  vou  say 
aU'—Ary.    Ves. 

CiuOfjir.  Gentlemen^  the  court  discharges 
|«ii,  and  tbaiiks  yuu  for  your  service. 

Wbik!  the  Jury  was  withdrawn  to  consider 
of  the  rcrdict,  sir  John  Fiemil  was  broutrht 
fttm  Newgate  to  the  Lar^  in  order  to  his  being 
ClM  to  Jv»dgtiieot,  and  after  the  verdict,  be 
Mnu^  himself  to  tlie  court  tbu» : 

Iftind,  My  lord,  I  humbly  beseech  your 
«bHibi^  to  ^ve  me  leave  to  read  tbii  Pitpcr* 


A.  D.  1696*  [1S4 

(To  which  the  Court  gave  n^;  answer.) 

Frcind,  My  Lord,  will  your  luidshipgive  m« 
lea)  e  to  read  it  P 

L.  C.  J.     Ay,  if  you  will. 

Frdftd,  (Ue'ntl*!.)  My  lord,  Ihnmhljmovein 
arrest  of  judg^ment,  Ihiit  I  am  not  convieied  of 
treason  liy  two  w  itnesses,  as  i  ought  Ut  liave 
been  within  the  statute  of  the  25th  of  Edtv.  5 : 
tor  Mr.  Porter  swears.  That  1,  with  others,  in 
May  or  June  last,  sent  to  the  French  king  to 
invade  England  ;  he  is  the  only  (Witness  to  that 
matter,  Mr.  Bbir  swears,  That  I  sljeived  him 
a  commission  in  8urrey- street,  about  two  years 
E»inoe,  sitjoed  by  king  James,  and  cntnter- 
Bit^^ncil  MeUbrd^  to  he  a  colonel  of  horge,  and 
that  1  gave  him  some  mouiea  for  the  cherish- 
ing of  Llie  men.  My  lord,  here  is  no  levying 
of  war  t(\vom  by  Mr.  Blair;  and  consfiiring  to 
levy  war  not  being  treason,  I  am  convicted  by 
one  witness,  and  therefore  I  pray  coyosel  may 
be  assijpfnrd  mp,  to  plead  thiti  matier. 

L.  C.  J.  !Sir  John  Preind,  that  which  you 
move  now  is  not  in  dVresl  of  judgment ;  it  'm 
matter  that  di>es  arise  uj»on  ihn  ciidence,  and 
what  yuu  now  &ay,  arraigns  the  verdict,  and 
the  prr»ceeiliiigs  upon  your  trial  There  were 
two  witm sses  agamtit  you^  that  m  plain.  You 
were  not  indicted  tor  levYing  war,  but  for  com- 
passing and  imnjiri'iin?  *l*«i  death  of  the  king  ; 
and  we  told  yon  the  design  of  the  invasion,  and 
c< inspiring  to  depose  the  f»re»ent  king*  und  rc- 
storc'  the  late  king^  was  an  o\  ert  act  of  that 
hi^h  treason.  The  romuiissi^jn  waK  not  so 
much  stood  U|JOnj  but  the  advancing;  monies 
U]H»n  ibis  account,  to  Bliiiryour  Ueu tenant  co* 
lone],  to  give  to  th«  men,  that  wna  a  pldiu  overt 
act,  and  oo  there  were  certainly  two  witnesses 
against  you. 

Fr^md.  Ms  lord,  I  hope  1  can  clear  myself: 
1  thank  God,  1  am  as  innocent  as  the  child  un> 
bom,  of  the  assus^in action  uf  the  king.  1  ivould 
not  have  the  peupLe  think  that  I  am  such  a 
man. 

X.  C\  J.  But  you  remember,  it  was  sworn 
you  knew  of  it,  and  we  hai  e  told  yon,  that  the 
design  of  restoring  the  late  king  by  force,  and 
de|ioi»iog  itte  king,  are  overt  acts  of  luiaginiog 
his  ileath,  if  such  an  intention  be  provod^  a^  it 
was  in  your  ease,  and  die  jury  havo  found 

it  so. 

Freiad*    My  lord,  I  humbly  beseech  yoti, 

because  t  do  not  understand  matter  of  law,  and 
am  advised  to  move  thi£  in  an'est  of  judt^ment ; 
I  desire  my  counsel  may  be  tieard  to  it. 

L,  C.J.    VVe  cannot  hear  counsel,  but  upon 


upn 
iVe 


is,  the  indictnieiii.  We  cannot  enter  into  any 
examination  of  this  matter  ihut  you  now  speak 
of,  vou  had  a  long  trial  yesterday. 

Frt:ind.  .^ly  liird,  1  am  sorry  to  give  yottr 
lordiihip  any  occasion  ot'  double;  but  1  hum- 
bly he&eech  yon,  if  it  may  be,  that  I  may  be 
heard  by  my  couuHel,  for  the  satistitctEon  of 
the  world  ;  pray,  my  loid^  hear  M^bat  they  can 
s*y. 

L.  C*  X  They  cannot  say  any  thing ;  00 
coutisel  m  the  worM  thai  Lmdersund  Ibeu- 


I    1»] 


8  WILLIAM  in. 


I 


I 


Trial  nf  Sir  WUUam  PnrHyfis,  [ 

miUen,  c«ti  annw  tiny  t!iin(f  ii^iiinst  wh«t  h«s    leant  silting  with  the  rest  of  tbtf  cAmi  upon 
been  so  (>(i«n  willed  and  always  practised*  wjocb,  pronounced  the  scntcoce. 

Freiud.  My  Innh  if  it  be  to^be  granted,  I  br-  | 

leh  vour  lnrdNUi{t  tii  i^innl  it^ 

L,  CX  ll  cannot  he  g-rantetl ;  besideft,  the 
matier  ytut  now  move  UjM>n  is  imprn|H'r ;  n  wn* 
all  rnnsidered  upon  your  tnal.  It  was  tokl 
you,  we  tlid  all  a^jree.  that  a  oompiracy  u\  levy 
wj  *  *     . 

(b 

ftl  your  trtjil,  and  that  U  miw  ut  ti% 

Far ky fit.  My  lord,  if  yonr  loriUhi[j  f»leaiieK) 
I  desire  1  may  have  the  hb^ity  of  fome  frieuda 
mill  re)dtions«  and  a  minister  to  dwne  to  me. 

L,  C\  J.    Yc8«  yen,  by  nil  jneans, 


Com,  Serj.     You  tlie  priaonem  aV  the 
fir  John  Fiernd  and  inr  William  Pnr'  '  ■  ' 
hafe  been  indicted   lor  high-trpas  - 
paasin£r  the  d^ath  anddesirtietion  < 
for  your  trial,  ytiu  have  pot  yourself  I 


ar  to  depose  tlK' king  la  treason;  or  to  invade    ^^^/^^^'^iTy'  '''}''^'  ^^'^^^^V'^  ^^  '^^ 
.ermlm  is  tr-.is«n.     All  this  ^a»  lioosidcrea  .  ^^^'**>'^     ^^J?  ,^*^'^<^«   *^   **^«  (?rcale5t  tn 

judgpient  ot  the  law  l hat  a  man  can  com 
and  it  is  Justly  and  ri^asoaably  tm.     For  r 
l»ery  and  (uunter  are  injuries  to  prUaie 
bttt  compa^iny^  the  death  of  ihc  l^ing^,   ii 
pa.'^iinjk^  the  dt^strurtion  of  the  father  of  y 

aoc 


Farki/u,.    If  yJur lordship  pleai*es,  thatlluv  |  *^"»>*'*.V,  and  letyng  in  rapine,  death 
i«v^,,m«  »«.!  i,*  ..«»«.„  „.:iL   „.„  \.^,i  ...«:.    fiolatioa  uimo  thousands  of  ncoidc. 


may  come  and  be  private  willi  rae,  and  |»ray 
let  rnc  have  a  rule  of  court  for  it,  olherwiae  l 
aball  not  havo  any  benefit  of  it* 

L,  C,  J.  Yes,  ye«,  it  is  very  fit  yon  shauld 
have  it ;  there  %hall  be  an  order  of  eSnrt  for  it ; 
•6e  that  the  keep^-r  take  care  tt  he  done  i»  itb 
calety. 

ftetnd.  My  lord,  I  desire  tlie  same  rd>eHy 
of  a  minister,  and  my  relf:tio[is  and  friends  to 
cofnr  to  ine  ;  that  for  w  bat  lime  I  biire  to  live, 
1  may  niakn  ihe  best  use  I  can  of  it  for  my 
Boult  which  I  hopeGoil  will  enable  me  to  do. 

The  Cotirt  was  adjourned  until  five  oVlock 
on  the  ilUrnoon,  and  aboiit  six  the  justices  re- 
lornt^l,  and  th«^  court  was  rej»umcd, 

Ci.of'Jr,  S^l  rJr  Jr»hti  Freiud  lo  the  bar: 
(wbich  was  do;."-**)  Sir  J<Au\  Fuind^  hold  up 
thy  band,  (which  he  did.)  Tlu»n  siiindesi  roo^ 
victed  ot  hit'-h-ireiison,  for  tiailoiously  fjrn- 
passing'  nnd  imagifuijj;  the  death  of  oni  so- 
Tereigij  lord  king  Willwm  tne  3rd.  What 
canst  thou  say  for  thyself  why  lliecoyrt  should 
not  gife  thee  judgment  accoi'ding  to  the  law  ? 

Then  belng^  made  io  kneeli  he  afterwards 

stood  up, 

Freind,    I  have  said  already,  what  I  have  to 

any  in  arrest  of  judgment. 

dnu.  Strj,  8ir,  yon  httie  heawJ  the  juds^. 
tnent  of  the  rourt,  as  to  what  joii  have  said  ; 
if  ymi  have  rjo thing  else  to  offer,  the  court 
must  proceed  to  jud;T;ment. 

CI  of  Ar.  for  Middlesex.  Sir  William  Pnr- 
kyn^,  toldupihy  band,  (which  he  did).  Tbon 
standest  convi*  t<,d  of  hi j^h-treasiou  in  rumpnss- 
in^'  and  imagininij:  the  death  of  the  kiugr,  and 
adheringf  t^i  the  Icin^^'-'g  ^n^i^it^s,  Wbatcan^i 
thou  »ay  for  thyself,  ivhy  the  court  should  not 
fTive  thee  judtfoieni  to  'die,  accordiDg^  Io  the 

He  was  made  to  kneels  and  rise  up  again. 

Fnrkyn^.    I  have  iiothingr  more  to  offer. 

C7.  t^f  Ar*   Then,  cryer,  make  proelamation. 

Crycr,  O  yes;  all  manner  of  jiersons  nre 
coiumaniled  to  keep  tsilence,  while  judgment  is 
io  ^iviiig^,  upon  pain  of  imprisonment. 

Which  Proclamation  was  made  on  both 
•ides  ike  ootitt  i  and  iheti  Ui\  Coniinan  2fer- 


pco[de.     .ind  < 
this,  the  liemonsest  of  offr  K^es,   is  Ca|mbl4 
ap.;ruvatton  ;  for  there  have  hcuii  always  < 
cufae$,  and  sninetimes  justifications  for 
lion:  and  as  to  murifer  and  private   re  veil 
ihcre  nmy  be  somewhat  said  iu  mitigation  fr 
ibe  violence  of  men*s  passions.     But  to 
and   conspire,  and  eousultf  and  debate  the 
struction  of  a  prince;  no  man  yei  ever  had 
confidence  to  muke  an  excuse  for  it.     1  wo 
nol  add  to  your  uffhction  ;  1  am  f^^isihle  of! 
severe  jndiirnient  that  is  io  fothiw,    ^nd 
you  ha»ebron!^bl  upon  yonrsclvrjt,  and 
but  oity  ym\  for  the  irrear  burden  of  ^uiU  ^ 
yon  have  laid  yomselvt"^  umler.   1  onlv  say 
to  offer  it  to  your  serious  contfdf ration,  in 
few  momcuis  you  have  to  prepare  for  aooi 
wui  Id,  nod  another  jud^i  ment.    Ail  thmt 
lor  me,  is  to  pruui>uuce  the  jud^iitent  of 
law  in  theiie  cases,  and  the  court  does^  awin 

'  That  you^  and  ench  of  you,  i(o  hack  10 

*  place  from  whcnte  you  came,  and  from  tkt 
'  oe  drawn  o'^i  n  hurdle  to  the  place  of  execiit 
'  wliere  you  f.hall  be  si^vcrally   haD|(e4  vp 
^  the  neck,  and  out  downalire;   \our  boi 

*  shall  U-npfrtdnpen,  your  privy  members 
*of),  yuuf  hiH^ek  taken  out  and  burnt  lid 
»  your  iinea  ;  your  headii shall  tie  sevt^red  fi 
'  your  bodies,   your  bodies  rei|ierli)ely  to 

*  dividcil  into  iburipiarters,  and  your  beads 

*  quariei-s  are  In  lie  at  the  dispoiial  oi  the  ki 
*"  and  the  Lord  have  mercy  upon  your  souliJ 

Then  the    prisooers  were  cairied   bftdl 
Newgate, 


On  Friday,  April  3,  1696,  sir  John  Frel 

and  sir  William  Parky  us  were  drawn  on  sledg 
from  Newgale  Io  T}  burn,  where  they  dehv^^ 
the  Ibllowiug  Papet-s  to  the  Usheriffs : 

Sift  John  Frkind's  Paper* 

Knowing  ihat  I  muftt  immediately  gifa 
account  to  God  of  all  my  actiooii,  and  thai 
ought  to  be  specially  careful  of  wlial  1  sa/ 
these  last  hours,  I  do  solemnly  profeaa, 
what  I  here  deliver  is  from  my  very  soul^ 
all  the  heartinesa  and  sincerity  of  a  dji 
ChrEMtan. 

The  catiae  1  am  brought  hiUier  to  tuflor  A 


fifr  High  Tremon. 

to  he  fi»r  caua«  of  OotJ  and 
tD  tiic  b*»5t  and  utritost  of 
)tAfpt  anil  inlbrtnatrofi,  ti}{;^rei'abie  ta 
^    *i#  l«n<l,  whif'li  I  hive  eifcniiore 
A  tinii  ihiljr  antl  »ille;;iaiice  lo 
*fw!  th?it  ii&  no  t'oiet^u,  so  n*?!- 
►  T  can  alieobu-  our  uli**- 
..  cilitf  new  &i)d  uniotcU 
il4f  kiri^V  liuUjects  can  de- 
#  hii«  ill!  Huy  HCi'uunit  i»r  con- 
not  ttti  iiiiriteiliutt:  riyfiil  in 
lit,  1  think,  not  to  if  a  lit  in  ; 
lue,  toa^^kt  luin  tn  the 
is  jiisUtiiiljte,  unit  our 
tiujfs  fimy  BiH'in  at  jtr«?- 
icve,  I  »tfi  *iurt*    r  lieai'lil  V  |>i  ay, 
iUy  reiitored  to  liis  rigtuhii 
in*. 

len  descent  of  his  majesty 

ddmiuioiiB,  in  order  to  the  re- 

I  dcdjire   \   hud  no  certain 

nor  €;iii  I  tell  >»  hut  t<i'*>i*n^^>» 

iUeve  it,  so  httle  reason  had  ]  to 

rr^pttriilioii  for  it.     1  §uppc»!^  it 
HliotiliJ  h«ri?  endeafoiir  to  clear 
Ana»an»iinu,  which  vi^as  not  the 
agtttnst  m«;    howeifr,   it  was 
;b  what  ttKMins  I  know  not, 
to  my  cit^advftntage,  I  for- 
tU^rein  UiSLrumuntJil;    and! 
e  very  hoiiom  iS  my  smil,  freely 
'1^  of liod  to  (lo^NOtoo,  nuchas 
\wm%%  aci^wary  toiftards  thtt  Ukln^ 
mUwii  1  really  look  upon  to  be 

more  than  mine, 
%e\\\  and  i  thank  Clod  I  am  so, 
i'liiirch  of  En|<hitu|,  thun^h, 
■t  unworthy  and  ui)|iro(3uihle 
«f  that  church  ivhiidi  siiflers  so 
*tnl  for  a  %%t\vX  adli^retioe  to  by- 
lt««  aati   C)hri<)iinD   }irin^{>le»  ^    ^br 
and  fortius  t  die. 

%  [lerfeet  chrtiity  f^r  p#*ople 
aod  do  heitrtdy   wish  vi-elt, 
ur  to  do  flo  to  all  my  fellow- 
at  per«ua«iou  Huevifr.     And  in- 
A  deal  *»f  opng^ht* 
ne  f>eo|de  of  I'cry 
•jMti;^""  ...  ,^..„v*-.,^  m.uiers. 

ad  d#^ire  it  may  not  he  taken  aii 

censure,  or  undue  reflection, 

to   the  Utility  i»f  popish  evi 

If  iacd  «o  to  do  lor  my  Ifetter  se- 

founiUliou  of  a  fttatuie  taw. 

mynelf  a   member   of  the 
laod,   1   ttiunt  take  \\\i%  nppor- 
il  for  (t«id*««  0ory,  to  apply 
l&atarri-  r  that  church, 

taiih  J  ,  k^  with  ruy- 

of  yri4j,  iiii  ijni"  «.ike,  and  the 
ila^  lo  In?  frry  cunslaot  and  se- 
itt  nl^gimia  olScea,  and  htdy  ituties^  of 
llki|l«ni  Mi^ice,  which  I  liave  too 
di»  aa  I  own  to  my  ^reat  Atrrrow  : 
tm  daniiFnra*  prevent  or  hinder 
i  iMeiMary  and  ftrrious  matters ; 
kci  j9^  vtry  card'ol  and  cir- 


A.0.  lG9e.  [1S8 

cumspect  in  all  your  actknis,  behaviour^  an^  ^ 
coil  verbal  ion,  aa  1  earue^illy  extiorieil  all  that  \ 
came  to  me. 

1  have,  i  thank  God^  a  threat  deal  of  satiftfac* 
tiow  in  my  present  HU(rt'nD»ja,  iwnA  have  tbunil  \ 
itao  evert»ince  1  hai^e  been  onder  tht?m  :    Anti  < 
blei»«ed   be  God  it  doih  cuotmn.dly  iucreafv 
upon  me.     Aod  i  do  now  lay  down  my  life  with 
all  cheeifidnesa  and  rebi^^otilion,  in  sure  anil  | 
certain  hope  of  a  retiinrfcttoo  lo  eterinil  life, 
through  our  Lord  Jestis  Christ,  through  whoa*  1 
merits  alone  i  hope  for  the  pardon  of  my  ains^ 
and  the  sahation  of  my  souK  •  i 

And  so,  U  Lord  1  inlo  thy  hands  I  comtnen^* 
my  sjiirK  ;  Cor  tliou  hast  re*keu»ed  me,  G.^ 
Lord  i    thou  God  of  Uw\\\  \ 

And  1  do  heartily  aud   humbly  lieseeeh  lh#. 
Almighty  Gmt,  and  my  most  gnieioua  Fathef^ 
to  for^^ive  and  bie&4  this  amfol  natioti  \   dehvep  I 
it  Jroni  the  jfuittof  relwtlioii,  blood,  and  perjury, 
thiit  i^  now  oi»  all  suk-:^  more  than  ever,  auti 
frinn  all  those  other   heinous  sina  which  cry 
aloud.    Prcsene  ft  ml  hfesa  this  Church.    Com- 
fort our  di8tlc^^sed  kinijj" ;    restore  him  to   hit  I 
ri^ht,  and  his  niiHed  subjects  to  their  allegi- 
ance :  hieas  aUo  his  royal  consort,  our  g^racioti^ 
queen  Mary  j    \m  royal  lii^hne&s  the  prince  «<f* 
Wales,  that   he  may  grow  in  stature,  and  iq 
favour    with    God    mid   man;     sup|H>rt  auj^ 
streijg-then  all  those  thatijuliei'  in  any  kind  for  a 
(food  cause;    give  them   patienee    under   all  I 
I  heir  affiicliim^,  and  a  happy  deliverance  out  o#] 
them.     Forgive  alf  mine  eneiuti^s. 

PuiiJon  u^y  former  jie^lecl  and  temissneiiM  ti 
religious  worship,  and  holy  dutifs,   and  all  tha  ' 
sinf  1  hitve  hern  ^oilty  oftolhi$i  very  inomenL 
CotisidtT  my  coiitritioD,  accept  my  icars ;  an4 
now  thou  art  pleased  to  lake  me  hcnee,  tiikcme  ' 
into  thy  favour,  and  grant  ihut  my  soul  may  be  ' 
^vilboul  s[m%  prespuied  unto  llice,  throng^h  the  ' 
meriU  of  thy  most  dearly  beloved  Son,  Jeaui 
Chiist  our  Lord.    Amcn^        John  FftEiND. 

8ia  Wri^UAM  Parkyn&'s  Paper. 

It  h'4ih  nol  l>eett  my  custom  lo  use  many  word%  i 

and    I   slull  not   be  \m\f^  upon  this  occasion^ 
biiving  btisiue^s  of  much  ;;reater  conaetiuenc© 
to  fmploy  my  thought*  upon.     1  thank  fiod  [ 
am   now  in  a  \\\\\  di»po«:ti  >n  to  charily,  and 
thri'etbre  shall  mAi^  no  com  idnints,  either  of] 
the    liard!»hi|ifi    of    my    trial,    or    any    other  I 
rigours  put  ujwn  me.     However,  one  circnTii^  i 
Btaoce  t  think  myself  obliged  to  Liioutioti,     ft- 
wai  !»w«^irfi  again'it  me  by  Mr.  J^'ortcr,  tbol   | 
hud  tH« ntil  to  him  I b%l  1  had  iien  and  read  a 
cotunui>>.ion  from  tbo  kmg  to  levy  wo«  upcm  ^ 
the  person  of  the  prince  of  Orange,     Now,  I 
must  tleclare,  thai  the  tenonr  ol  the   king'f  ^ 
commiMion,  %vhich  I  saw*  was  general,  and  ' 
directed  to  all  his  loving  suh^iects,  to  raise  and 
levy  war  against  the  prince  of  Orange,  and  hit 
ailhii'entH;   and  to  seize  all  forts,  caailes,  ^c, 
which,    1  suppose,  may  be  a  customary  form 
of  giving  authority  to  make  war  ;    but  I  must 
cord'ciifi  1  am  uot  much  acqnaintetl  with  mattert  J 
oi  that  nature:  but  as  for  any  conimiaiioti  pai^  ^ 


fis9] 


8  WILLIAM 


I  ^enlarly  leTetlcd  against  ibe  person  of  Ibc 
[  prince  ol'  Orftiigej  1  u^itlier  saw  oor  hctird  of 
I  may  sucb. 

It  i$  ime,  I  was  )>i-iv3'-to  tbe  d«9ig^ti  upon  Ike 
I  Prince,  hiu  waA  nutlu  «ct  in  it ;  and  am  fully 
^sattsIieJ  ttiat  very  few,  or  none)  knew  of  it  t>ut 
those  who  ufiiferuKik  tc»  do  it. 

I  freely  atknowicflpt*,  and  think  il  for  my 
rlioiioor  to  say » lliul  1  was  entirely  in  ihe  ii]i«re.<rt 
|i>f  the  king,  h^iti^  altrav^  firmly  pcrsnaded  of 
fthejnstice  of  bis  cause*;  nud  I'lookei)  npon  ii 
I  BR  my  dnty «  both  as  a  «ul  ject,  and  an  English* 
I  suan,  to  ^humi  hhu  in  tlie  recovery  of  bis  Ibrone, 


Trial  of  Amhro$e 


wbicb  I  believe  bim  to  be  deprived  ofcr>nti 
to  iill  lig^ht  and  jutitice ;  taking  tbe  lawt 
con&tituiiunif  i^f  my  cHJuntry  lor  my  guide. 

As  liir  n  lt£;ion,  J   Ji«e  in  the  commnuinn  01 
tbecbnn:b  orEngUnd^  m  \tbicb  I  H'aseducalifl 

And  ns  1  freely  foiijpive  all  tbu  world,  m  wb^ 
crer  I  may  any  ways  bare  iujured,  1  b 
ask  tbeai  pardon,  Wilua.m  P«\aEVjK 

Jeremy  Culberf  a  Nonjurin^  Minii 
piibliul  V  absolved  tbe  in  at  tbe  $^alIowa,  I 
wb it'll  tliey  were  executed  acix>rdii»g  to  I 
seuience. 


J8G*  The  Trial  of  Ambrose  RookwooDj  for  High  Treason :  At 
Sessions  of  Oyer  and  Terminer  for  the  County  of  iMiddk: 
sitting  in  the  Court  of  King's-Bench  at  W^almiosl 
8  William  III.  a.  dv  I696- 


.  HE  Court  h^tmq  sat,  at  wbit-li  were  present 

the  lord  t  biff  ju^irice  Holt,  tbe  lord  ekief  juslice 
Trebv,  Mr.  justice  Nevil,  Mr.  justice  Powell, 
Hiul  Mr,  jnstir:e  Eyre ;  tbe  Court  proceeded  in 
IbiH  manntT : 

CL  ofAr.    Cryer,  make  proclamaiion. 

Ctyer.  Oyez^  oyez,  oyez  :  All  manner  of 
persons  ibtil  buve  mly  ihin*^  more  to  do,  at  tliis 
Sessions  of  Oyer  and  Terminer,  bolden  for  tbe 
counlv  of  Mialdlesex,  itruu^  near  and  give  your 
MtenJanoe.     God  save  the  kiug^* 

Tben  tbe  Grand  Jury  were  called  over,  and 
tbe  a |iuea ranees  marked,  and  witnusaes  beiag 
Bworo  rn  court,  to  give  evidence  to  them  upon 
a  bill  of  indictment  ag^ainst  Alexander  Knijarht- 
ley,  ibey  in  a  little  lime  ailer  wiibdrew  to  bear 
ibe  cvi deuce. 

Then  ll»e  keeper  of  New^te  was  ordered  to 
bring-  his  jirisoiiers  to  tbe  liar,  (which  he  did)  ; 
to  wit,  Robert  Loivick,  Ambrose  Ilookwood, 
and  Charles  Cranburne;  who  were  thus  ar- 
rajgued: 

€f*  0fAr.  Robert  Lowick,  bold  up  thy  hand, 
(which  be  did) ;  Ambrose  Hook  wood,  bold  np 
thy  hautl.  (which  be  didj  j  Charles  Cranburne, 
hold  up  thy  hand,  (Hincb  be  did.) 

You  stand  indicttnl  in  the  connty  of  Middle- 
sex, by  the  names  of  Robert  Lowick  of  tbe 
parish  of  St,  Paul  Corcnt-^anleo,  in  tbe<x>nnty 
of  Middlesex^  gentleman  ;  Ambroae  Rook  wood 
of  Ibe  fiume  parish,  gfeotleman ;  and  Charles 
Cranburne  of  the  same  parish  and  county,  yeo- 
man ;  for  that  you,  to^ethtjr  with  one  Christo- 
pher Knighlley,  of  tbe  same  parigb  and  coun- 
ty, genlieman,  not  yet  taken  ;  not  having  tbe 
I  ear  of  God  in  your  hearts,  nor  weighing  tbe 

•  See  Holt,  633,  Easi'a  Pleas  of  the  Crown, 
c.  2,  «.  7.  16*  48,  49,  50,  S?,  and  tbe  autho- 
iTitief  there  cited.  See,  also,  in  this  Coftcciion, 
the  Trials  of  the  Regicides^  reL  3,  p*  947, 


duty  of  your  allegiance,  but  beini^f  moved 
reduced  hy  the  instigation  of  the  devil,  as 
tmitorit  against  the  utust  serene,  intist  Mil 
oua,  most  clement,  and  most  excellent  _ 
our  sovereign  lord  WiMiamthe  3d,  by  ihe^ 
of  God,  king  of  England,  Scolhnd,  Fraix* 
Ireland,  dttender  of  the  fiutb,  &cc.  yooj' 
pre  me,  true,  Tig-htful,  lawful,  and  uodoiil 
lord,  the  cordial  luve,  atnl  true  and   due  i 
die  nee,   fidelity   and   atlemance,    wtiicti  ef 
suliject  of  our  said  lord  me  king  that  now  i« 
towards  him  our  said  bird  the  king  e^hould 
and  id  right  ought  to  bear,  witbdrawiii|r, 
iiiterly  to  exlingnish^  iuiendioi^  aud  con 
aud  with  all  your  strength   resolving, 
ing,  and  conn  pi  ring  the  govern  meut  #r 
kingdom  of  Eugbnd,  under  him  oui* 
vereign  lonl   the  king  that  now  is,  of 
duly,  bajiptly,  and  well  estuhliahed,  at 
to  subvert,  ebauge,  and  alter,  %&  also  oiir 

I  lord  the  king  to  dealb  aud  tinal  d 
tmt  aud  bring,  and  kis  faithful  suhy 
freemen  of  this  kingdona  oi'  England, 
terable  and  most  mi*»eruble  t>ervjtude  to  Li 
tbe  French  kiii^  to  subjugate  and  iuthral, 
lOtb  day  of  February,  in  the  seventh  year 
the  reign  of  our  said  Hovereitcn  lord  ttle  ki 
that  now  is,  and  divers  other  days  and  times 
well  before  a^j  alter,  at  the  ptirinb  of  8t.  P| 
Coveot*£Tarden,  aforei»aid,  )u  the  county  i 

I  saiti,  falsely,  maliciously,  devdi&hly,  and 

I  tonmsry,  did  com[>a&s,  inmgine,  and  ooulrij 
resolve,  design,  and  intend,  our  baid  lord 
king  thai  now  ist,  to  kill,  slay,  and  murder, 
a  miserable  shiiigbter  auKiug  the  faithful  % 

jecta  of  our  snid  lord  the  kmg,  throughout 
whole  khigdom  of  England,  to  make  ;ind  cii 
and  the  Huine  your  most  impious,  wicked, 
devilish  treasons,  nud  traitorous  compi 
eonlrivanrcs,  and  purposes  aforesaid,  to  fi 
perfect,  and  bring  lo  effect,  you  tbe  said  Rod 
Lowick,    Ambrose    Rook  wood,    and    Chi 
CraQburne^  tojj^ther  with  tbe  satd  Cbristo^ 


jects,! 


Jbf  High  Treasort^^ 

,  mmi  werj  many  otber  false  traitors, 
rs  unkiMmii,  afterwards,  to  wit,  tbe 
4mj  of  Feb.  iu  tbe  year  abovesaid,  at 
afuresaid,  in  tbe  county  aforesaid, 
oibers  days  and  times,  as  well  be- 
sr,  tbere  and  elsewhere  in  tbe  same 
bielY,  malidousljr,  advisedly,  secret- 
namj^  and  witb  force  and  arms,  did 
poae,  treat,  consult,  consent  and 
I  our  said  lord  tbe  king^  that  now  is, 
I  wait,  and  gnile,  to  assassinate,  kill 
!r ;  and  th£  execrable,  horrid,  and 
assassination  and  killing  the  sooner 
,  sod  perpetrate,  afterwards  (to  wit) 
Isj  and  year,  and  divers  other  days 
at  the  parish  aforesaid,  in  tbe  county 
traitoronsly  did  treat,  prop<ise,  and 
tbe  ways*  manner,  and  means,  and 
ad  place,  where,  when,  bow,  and  in 
ler,  our  said  lord  tbe  king,  so  by  Iv- 
t,  the  more  easily  you  might  kill ; 
Bsent,  a$;nree,  and  assent,  that  forty 
or  thereabouts,  whereof  the  said 
!r  Knigbtley,  you  tbe  said  Robert 
Ambrose  mokwood,  and  Charles 
'y  sboukl  be  four ;  and  erery  one  of 
foosly  took  upon  himself  to  be  one, 
,  mittkets,  and  pistols,  chargfed  with 
r  and  leaden  bullets,  and  witb  swords, 
4  otber  weapons  being  armed,  should 
,  and  lie  in  ambnsb,  our  said  lord  the 
I  coach  beiniif,  when  be  should  go 
isvade,  and  that  a  certain  and  com- 
fllier  of  those  men,  so  armed,  should 
begnanlsof  our  said  lord  the  king* 
fing  him,  and  being  with  him,  and 
bt  witb  them,  and  overcome  them, 
crs  of  the  same  men  so  armed,  our 
ie  king  should  assassinate,  slay,  kill, 
rr ;  and  you  the  said  Robert  J^wick, 
Etrtokwoud,  and  Charles  Cranhume, 
mb  the  said  Christopher  Knigbtley, 
s,  and  all  tbe  traitorous  intentions, 
uul  eontrivances  afuresaid,  to  execute, 
falfil,  and  bring  to  effect,  afterwards 
be  aforesaid  lOtli  ilay  of  February,  in 
lb  year  abovesaid,  at  the  parish  afore- 
le  county  aforesaid,  divers  horses,  and 
ij  arms,  gtms,  pistols,  swords,  rapiers, 
r  weapons,  ammunition  and  warlike 
id  military  instruments,  falsely,  ma- 
secretly,  and  traitorously  did  obtain, 
ler  together,  and  procure,  and  cause 
gbl,  Jitained,  gathered  together,  and 
vidi  that  intention,  then  in  and  about 
tiMe,  horrid,  and  execrable  assassina- 
ig,  and  morder  of  our  said  lord  the 
BOW  b,  as  sibresaid  to  be  used,  em- 
ai  bestowed  ;  and  the  same  premisses 
sifeiy  and  certainly  to  execute,  dq^ 
m,  tbe  aforesaid  Christopher  Knight- 
•se  Edward  King,  late  of  high  trea- 
SBlriviBg  and  conspiring  the  death  of 
sid  tbeliinir  that  now  is,  duly  con- 
I  aUaintcd,  by  tbe  consent  and  agrec- 
ivcfsoT  the  traitors  and  conspirators 
.  As  nkl  10th  dftjr  of  February,  in  the 
f 


A.  D<  icde. 


[Uf 


seventir  year  abovesaid,  went  and  came  to  tb« 
place  proposed,  where  such  intended  assaesina* 
tion,  killing,  and  murder  of  our  said  lord  tbs 
king  by  lying  in  wait,  should  be  done,  per- 
formed, and  committed,  to  see,  view,  and  ob- 
serve the  convenience  and  fitness  of  the  same 
place  ibr  such  lying  in  wait,  assassination,  and 
Killing,  there  to  be  done,  performed,  and  com- 
mitted: and  that  place  being  so  viewed  and 
observed,  afterwaras,  (to  wit)  tbe  same  day 
and  year,  their  observations  thereof  to  several 
of  the  said  traitors  and  conspirators  did  relate 
and  impart,  (to  wit)  at  the  parish  aforesaid,  in 
the  county  aforesaid:  and  you  the  aforesaid 
Charles  Cranburne,  the  same  day  and  year, 
thei«,  in  order  the  said  execrable,  horrid,  and 
detestable  assassination,  and  killing  of  our  said 
lord  tbe  king,  by  tbe  traitors  and  conspirators 
aforesaid,  the  more  readily  and  boldly  to  exe- 
cute, perform,  and  commit,  advisedly,  know*' 
ingly,  and  traitorously  did  bring  and  carry  be- 
tween divers  of  those  traitors  and  conspirators, 
forward  and  backward,  from  some  to  others  of 
them,  a  list  of  the  names  ofdivers  men  of  those 
who  were  designed  and  appointed  our  said  lord 
the  king  so  as  aforesaid  by  lying  in  wait  to  kill 
and  murder ;  against  the  duty  of  the  allegiancs 
of  tlie  said  Christoplier  Knigbtley,  you  the 
said  Robert  Lowick,  Ambrose  Rookwood,  and 
Charles  Cranburne,  and  against  the  peace  of 
our  said  lord  the  king  that  now  is,  his  crows 
and  dignity,  and  against  tbe  form  of  tbe  statute 
in  such  case  made  aud  provided.' 

How  sayest  thou,  Robert  Lowick  ?  Art  thoa 
guilty  of  the  high-treason  whereof  thou  stand- 
est  indicted,  or  not  guilty  ? 

Lowick.    Not  guilty. 

CI.  of  Ar,  Culprit,  How  wilt  thou  be  tried? 

Lorrick,    By  God  and  my  couutrv. 

CI,  of  Ar,  God  send  thee  good  deliverance. 
How  sayest  thou,  Ambrose  liook wood?  Art 
thou  guilty  of  the  high-treason  whereof  thon 
standest  indicted,  or  not  guilty  ? 

llool:Tcood,    Not  guilty. 

CI.  of  Ar.  Culprit,  How  wilt  thou  be  tried  ? 

Rookicood,    By  God  and  my  country. 

CI.  of  Ar,  God  s«?nd  thee  good  deliverance. 
Charles  Craohiirne,  How  sayest  thou?  Art 
thou  guilty  of  tbe  high-treason  whereof  thou 
standest  indicted,  or  not  guilty  ? 

Cranburne,    Not  guilty. 

CI.  ofAr.   Culprit,  ilow  wift  thon  be  tried  ? 

Cranburne.    By  God  and  my  country. 

CL  ofAr.    God  send  thee  gobd  deliverance. 

Cranbt&ne.  My  lord,  I  desire  your  lordsbi|» 
would  ^rant  me  the  favour  for  my  wife  to  come 
to  me  m  private,  aud  that  1  may  have  pen,  ink, 
aud  paper. 

L.  C.  J.  (sir  John  Ho!t).  Pen,  ink  and  paper, 
yon  must  have  ;  but  as  to  the  other,  we  mnal 
consider  of  it.  KcepiT  of  Newgate,  What  has 
been  usual  in  those  cases?  ?■ 

Keeper,  My  lord,  we  let  nobody  coicSf  1lo 
them  in  private  hut  their  counsel. 

L,  C,  J,  That's  pro%ided  for  by  tbe  act  that 
allows  tbem  coansel ;  but  bas  it  been  usii»l 


tIS]  8  WILLIAM  IIL 

lieretofore  to  permit  any  body  c)«e  to  be  with 
them  in  private;  tlie  wife,  or  any  other  rela* 
tioDS  f'T^tCeeper.   It  has  not. 

L.  C,J.  It  is  very  dangerooa  if  it  should ; 
therefore  let  him  have  his  wife  oome  to  him  in 
the  presence  of  the  kee|ier. 

Cranbume.  ,And  pen,  ink,  and  paper,  I  hope, 
my  lord  ? 

L.  C.  J.  Yes,  ves,  that  you  shall  have. 

Cranbume,  Vuu  dun't  deny  me,  my  lord, 
that  1  roav  have  my  wife  come  to  me? 

L.  C.  /  No,  we  do  not,  but  she  ronst  not 
be  in  private  with  you,  for  fear  of  an  escape. 

Rookw.'od.  I  beg  the  same  favour,  my  lord, 
to  have  my  brother  come  to  me,  and  pen,  ink, 
and  paper. 

X.  C.  J.  You  shall  have  the  same  rale  \  but 
you,  kee|ier,  must  have  especial  care  whom 
you  do  [^miit  to  come  to  them,-  and  be  private 
with  them  ;  for  it  is  still  at  your  i>eril  if  any  ill 
accident  hap)>en8  by.your  indulgence  to  them : 
and  yet  it  iH  fit  they  should  have  all  that  is  rea- 
snnahle  for  preparing  for  their  defence  at  their 
trials. 

Lowick.  And  I  desire,  my  lord,  I  may  have 
my  sister  come  to  me,  and  the  liberty  of  her 
being  in  private  with  me. 

X.  C  /.  Your  friends  may  come  to  you  at 
seasouahle  times,  in  the  presence  of  the  keeper ; 
you  shall  have  any  thing  that  is  reasonaMe, 
out  the  safety  of  the  government  must  be  looked 
mftcr.  Therefore,  keeper  ofNewgate,  take  hack 
your  prisoners,  and  nring  them  here  this  day 
i€*nniglit  at  seven  o'clock  in  the  morning, 
without  any  other  order. 

[They  staid  at  the  bar  about  half  an  hoar, 
the  Judges  consulting  among  themselves  about 
the  precept  for  the  netty  jury  upon  a  late  act 
of  parliament,  whicli  has  appointed  six  days 
for  the  jury  to  be  summonea  before  they  ap- 
pear to  try  any  cause,  and  upon  ti>e  last  Act  in 
Relating  Trials  in  Cases  of  High  Treason  ; 
which  requires  tbnt  .the  prisoner  shall  have  a 
copy  of  the  pannel  of  the  jur^y  didy  returned, 
at  least  two  days  before  his  trial.] 

Then  the  Prisoners  were  carried  away,  and 
the  Grand  Jury  withdrew  to  consider  of  the 
evidence  against  Knightley,  and  in  a  quarter 
«f  an  hour  came  back,  and  being  called  over, 
delivered  in  a  bill  to  the  court. 

CI.  qfAr,  Gentlemen,  you  are  content  the 
court  shall  amend  matter*  of  form,  or  false 
Latin  in  this  indictment,  without  altering  any 
matter  of  substance  without  your  privity. 

Jury.   Yes. 

CI.  ofAr.  Then,  gentlemen,  you  may  go 
for  this  time;  and  you  are  to  take  notice  if 
there  be  occasion  at  any  time  to  call  you  to- 
gether, you  shall  have  suthcient  warning  given 
to  you  beforehand.  This  is  Billa  Vera  against 
Alexander  Knightiey  for  high  treason. 

f  ihen  the  Jwlgea  resumed  the  debate  among 
themselves,  and  at  last  resolved  tliat  there 
tAouM  go  three  several  Venires  for  the  petty 
jwjy  rttnmiMe  thin  day  at^imights  one  to  t^ 


7)iial^  Ambrose  Rdoknood, 

between  the  kmg  and  Robert  Lowick»  I 
cond  to  try  between  the  king  and  Ai 
Rookwood,  and  a  third  between  the  ki 
Charies  Cranbume;  because,  though 
diotment  be  against  them  jointly,  yet  it 
several  offence  in  every  one  of  them,  sc 
might  sever  in  their  challenges,  auti  thai 
be  troublesome,  and  therefore  it  waa  t! 
best  to  sever  them  in  their  triab ;  and 
fure  the  court  adjourned  for  an  hour  or 
thing  more,  while  the  precepts  for  th 
were  preparincf,  and  according  to  the  ai 
ment  met,  and  signed  and  sealed  the  pr 
and  then  adjourned  the  Sessions  of  Cly 
Terminer  until  this  day  se'nnight,  at  m 
the  morning.] 

Die  Martis  Vicesimo  primo  Aprilis, 
Regni  Regis  Williehni  Tertii  < 
Annoq;  Dom.  1696. 

The  court  sat  about  eight  o'clock,  al 
were  present  a  great  number  of  noblemi 
persons  of  quality,  who  were  in  the  €( 
si<Hi,  and  seven  of  tlie  judges ;  to  wit,  tl 
chief  justice  Holt,  the  loiS  chief  juatice 
tlie  lord  chief  baron  Ward,  Mr.  justice 
Mr.  justice  Powd,  Mr.  juatice  Eyre,  ai 
baron  Powis. 

CL  ofAr.   Cryer,  make  prodamatioii 

Cryer.   O  yes,  Oyea,  O  yea.     All  i 

of  |»ersons  that  have  any  thing  more  t«i 
this  Sessions  of  Oyer  and  Terminer,  adj 
over  to  this  day,  draw  near  and  give  yi 
tendance.  And  God  save  tlie  king. 
CL  ofAr.  Cryer,  make  proclamatioi 
Cryer,  O  yes.  Sheriffs  for  the  coi 
Middlesex,  return  the  precepts  to  you  di 
upon  pain  and  peril  will  fall  thereon. 

The  Uoder-Sberiff  returned  the  Prcc 

CI.  ofAr,    Mr.  Baker,  pray,  whom 
intend  to  begin  with  P 

Mr.  Baker,  With  AmbroHC  Rook  woo 
Cl.qfAr,  Cryer,  make  proclamation 
Cryer,  O  yes.  You  goo<l  men  of  the 
of  Middlesex,  summoned  to  appear  he 
day,  to  try  between  our  sovereign  lo 
king,  and  the  prisoners  that  are,  and  a 
at  the  bar,  answer  to  your  names,  as  yo 
be  called,  every  one  a't  the  first  call,  an 
your  issues. 

The  whole  pannel  was  called  over,  a 
appearances  of  those  that  answered  rec 
and  the  defaulters  were  again  called  ovc 

CI,  ofAr.  Keeper  of  Newgate,  set  Al 
Rookwood  to  the  bar,  (which  was  done) 
the  prisoner  at  the  bar,  Ambrose  Rool 
those  men  that  you  shall  hear  called,  ai 
sonallv  appear,  are  to  pass  between  oui 
reign  lord  tne  king  and  you,  upon  trial  ( 
life  and  death  ;  if  therefore  you  vrill  chi 
them,  or  any  oftliem,  your  time  is  to 
unto  them  aa  tliey  come  to  the  book 
sworoi  Jbefore  thej  be  awom. 


foir  High  Treason^ 

rthatmmfm  Sktmtr,  If  your  lordmlnji 
m  hmte  4  dtin^  or  two  to  propose  li> 
^;ip*  in  reapect  of  Oie  trial  tliis  day : 
lotfrrifi  M^  U^  your  fi?our  for  n 

af«  Maifiied  of  cotjiis^],  In  pur- 

lyf  paninment,  uml  we  Itope 

:h  we  tiimU  nay  in  defence  of 

be  itnputed  to  ogrsi'lveit.     I 

14  liave  Wn  a  rrAection  tipan 

cuiU  ^our  t«»rc]ihip8'  ju^tice^  H 

yte  klintifd  havt>  rrfused  to  »p- 

r,,. .     Km^ji  a  public(\lioti  in  the 

i  yowr  candor  taw Bril$ 

I  '!  upaa  othtT  occiuiions^ 

mn  b(*  no  reaiion  fur  such 

1    \%'4\e  n(ni¥  ;  for  we  must 

rim  liiive  bceji  pmctixer^,  mi 

_     hm  there  wus  never  a  reijjfo 

vrijhin   the  memory  of  man, 

irsrirtf-^renrp,    soch    i*»«iuew(i    of 

rrOiil   ihf   court  to 

Ud\\i  hvvn  ill  tiiis. 

tji  and  liberty  of 

(1  to  (he  bur,  and 

Ixtuji  mr  lilt!  Kjtme. 

W«  oome  not  bett*  to  coiinieoance 
PM  for  which  the  prisioaer  standi  ne- 
dw|mcicsples  upon  which  such  prac- 
le  prcMimti)  to  be  fouotled  ;  (or  wc 
IMft  cillier  reiitpatifi  or  civil,  ttiat  can 
'9XCmB^*m.  But  the  aul  of  par- 
mo^   warmnted   the  of 

ir  prfWMiK  Hccii^ed  to  j  i  ^ce 

litbooc  y<'Ur  l<»rd&bip  ^lU  (iittt  us 
•Iw  w  Uat  ohjectioni  u  c  con  on  their 

Look  3fe»  sir  B.  Shower,  go 
'^ilijeetloiif ;  Id  us  heur  whut  you 

My  k»rd^  It  appcari  to  be  a 
this  act  of  padiatnentf  ^he- 
I  be  tried  tiiis  day  :  »nd  if  it 
Itopep  ihnug'h  itslR«uld  nut  Itarc 
ih  the  court,  that  ue  upprehend 
ill  yoiir  lordship  will  excuse  nj^  and 
(tonlmff  to  your  judgment,  1  ue  act 
Tlifti  nil  that  ahailt  beaceuiied  and  iti- 
r  higb'imi«on,  whereby  uny  cgrrup- 
Mdtiiay,  or»haiI  be  raaJe  io  noy  such 
fff  oflrnden,  or  to  any  the  heir  or  lieirs 
Id)  o&mler  or  offeodcf  14,  or  for  mis- 
tvcftkonf  ah  all  htive  a  irue  copv 
^  leat ;  and  afterward*  all  all 
uf  the  jurors  who  are 

^  feturned  hy  tlie  sheriff  and 

Ima  tM0i  I  And  efery  one  of  them  so 


iliiitiB'ii 

ii^rbatb 

I  lliai  tiuB  tnii 
^tUttftmutiiif 


i.ili  he  tried  for  the 
'Mil  please  to  cast 
,  nud  it  will 
\ .  and  that  is 
Uw.  And  it 
jpprehend  it» 
fit  on  at  this 
iiiuldbe&oas 


I  worJa,  but,  aa  we  take  it, 


A,  D.  1$D&  [lift] 

the  mtetit  and  menntng  of  the  act  of  puritan 
too  are  for  us,  that  there  ought  to  have  been  i 
copy  of  the  panne)  after  the  return  two  days  I 
fore  the f riaL  For  in  the  Hrst  place,  my  h>fd,  th« 
words  are  plain  :  it  must  be  a  copy  ot  the  pnn-j 
neJ  duly  returned  by  the  sheriff.    Now,  though  j 
it  be  o'copy  of  the'  array  of  the  psmnel  which 
we  have  delivered  to  us»  yet  it  is  not  a  copy  of 
tlje  pannel  of  the  juroi-s  return etl ;  for  it  vi  n<i 
retiu'n  till  it  come  into  court.     And  the  kin^^^AJ 
counsel  must  admit,  that  iu  ihe  case  of  all  writt 
rcturuahle^  it  cannot  be  said  that  there  h  a  re«^ 
turn,  where  there  is  a  wririnjy  upon  Ihe-bacU^ 
or  a  label  annexed,  till  it  be  actually  returnrdJ 
into  court.     As  in  the  case  of  a  Fieri  raciaStf 
or  a  Maudauiua,  an  action  for  false  return  can^ 
not  lie  till  the  urii  he  actually  returned,     For| 
such  uction  must  be  brought  into  the  county  (. 
MiddleseXt   where  the  court  resides,    befbr 
i^hom  the  return   Is  made,  and   not  in   thfl 
county  where  the  shciiff  li%fd  that  ms^le  tha 
return  ;  for  it  h  not  a  return  till  filed  in  coun 
Now  here  the  words  of  the  net  are ;  *  Ueshalll 
*  hare  a  ct>py  of  the  pinuiel  of  t!ie  jurori?  whfl 
'  are  to  try    hiui,  duly  relunicd  hy  the  shenf 
*■  two  days  before  the  trial.*     Now/we  humhJyJ 
itwist  that  the  wonls  *  duly  returned*  ma-it  I 
antecetSent  to  the  having  the  copy,  or  else  hi 
caun<Ubesnid  to  Viave  a  copy  of  the  pannel 
duly  returned-    The  act  of  parliament  does  no| 
$ay  which  shall  he  duly  retuiued;  and  thcre« 
fore  there  do^^s  arise  a  doubt,  whether  yoiti 
lordship  will  not  direct  us  to  have  a  copy  afle 
the  return  made,  which  is  hut  this  dav* 

Mr,  Fhipps.  If  your  lordship  pVaaea 
spare  mo  a  word  of  the  same  ^idc :  We  lake  if^ 
that  by  this  act  of  parliament  the  Jury  must  I 
duly  returned  before  the  psiruiel  is  delivered  tq 
nn.  Now  the  returu  is  the  answer  that  is  in<; 
doi'setl  upon  the  writ  with  the  pantiel  annexe 
and  delivered  into  court;  for  the  return  ia 
the  court,  and  till  it  be  dehverei!  into  coun 
it  cannot  properly  be  said  to  be  a  relur ., 
We  acknowlt'dge  ihe  copy  of  this  pannel  h:^^ 
been  delivered  unto  us,  two  or  three  oayi 
ago.  But  the  Venire  beinsf  not  returned  filj 
to-day,  we  think  we  have  not  a  copy  of  the 
pannel  within  the  intent  oft  and  according 
to  the  act  of  parliament.  And  I  desire  to  pu 
your  lordship  this  caste :  this  act  of  parlia^ 
ment  df^es  likewiae  provide,  that  the  priijcmei 
should  have  a  ^^y  of  hi^  indictment  fivq_ 
days  before  his  trial,  to  enable  him  to  consul! 
with  \m  crnipsel  how  to  plead  and  defend  hiD 
self ;  suppose  then  a  copy  cif  a  bill  that  k  in^ 
tended  to  be  presented  to  the  errand  jury,  be  ile 
livered  to  the  person  accused  tive  ihys  beforj^ 
the  tfrand  jury  are  to  meet,  and  they  after* 
w  ards  meet,  and  find  it,  and  the  party  is  troughs 
immediately^  and  arraigned  upon  it:  this  js  f[ 
true  copy  of  the  indictment,  yet  certainly  Uii 
intent  of  the  ot-*t  of  paHiament  is  not  answered- 
for  it  waa  not  a  true  copy  of  the  indictment  a| 
the  titne  it  was  delivered^  And  I  take  \\u% 
caae  to  be  under  the  same  reason.  This  is  1^0^ 
a  (>annel  duly  returned,  till  now  ;  and  theretbri 
by  eoujecjucnce  we  have  pot  tW  adfantv^^v 


8  WILLIAM  in. 


I 
I 


I 


I 
I 


147] 

that  this  »cl  ofpnHiAmeiit  iDtcnded  to  give  us; 
for  Mhich  reason  we  humbl)^  apnrehc«iJ  we 
<«ight  not  to  be  tried  to-day  ;  which  we  suUmit 

to  v«»iir  [orthhip. 

L.  C,  X  What  say  you  to  it,  Mr.  Attorney  ? 

Alt.  Gcri.  (sir  Thomas  Trevor).  My  lord, 
with  suhmissioii,  this  objection  will  receire  a 
very  pbin  ftnswer.  If!  understand  it  arii^bl^ 
they  say  thul  they  ougrht  lo  have  a  copy  of  the 
paniivl  ik(\rr  it  is  relurned^  nnd  tliat  it  cannot  be 
mu\  to  be  duly  delivered,  accordiusf  to  the  pro- 
vision  in  Ih'm  act  of  parliniTicnt,  till  atier  the 
Vetiiro  Fat  ra*  be  duly  returned  win  th*'  court, 
and  ttu  11  they  are  to  have  it  two  days  before 
liiey  are  tried.  They  say  t!ie  Venire  Paoins 
1$  returned  but  to-day,  and  so  the  copy  deli- 
rered  to  ihem,  is  not  pui^uaut  to  the'iict  of 
parhament ;  ami  so  they  cannot  be  tried  to  day  : 
this  I  take  to  (je  the  oytjpction.  But  with  smi- 
n»ission,  my  h>rd,  it  will  be  plain  both  by  the 
Wi>nls  of  the  act,  and  the  reason  and  intention 
of  it,  that  there  is  no  occasion  at  all,  nor  no 
necessity  of  baring-  the  writ  returned  before 
the  copy  of  ibe  pannel  bt*  delivered.  The  wonfs 
of  the  act  of  parliament  iu  p  these :  ^  Tha!  every 

*  person  and  persons  w  ho  shall  be  accused,  in- 
•^  dictetl,  and  tried  for  treason,  or  misprision  of 

*  treason,  aiier  the  *2Mh  of  March,  lti9G,  shall 

*  have  copies  of  the  panoel  of  the  jurors  who 

*  are  to  try  them,  duly  returned  by  the  sheriff. 

*  and  delivered  to  thetn  two  days  before  they 

*  be  tried/  Now,  first,  tny  lord,  J  think  it  is 
apparent  what  the  menniDtj  and  desig^i  of  tlie 
act  of  parliaoieat  was,  thai  the  prisoner  should 
know  two  days  before  the  trial,  who  were  the 
jury  that  were  to  pass  upon  him,  that  he  might 
have  an  opportunity  lo  consider  how  he  sho»ihl 
make  his  challenges  as  he  thoug;ht  fit,  and 
time  to  enquire  into  the  qualifications  of  then], 
that  if  there  were  any  particular  ground  of 
challenge,  he  ruiglit  nut  lose  tliat  benefit ;  so 
that  if  he  has  a  copy  of  the  pannel  arrayed  by 
the  sberiff,  which  is  afterward  returned  by  the 
iherifTinto  court,  and  there  is  no  variation  of 
that  pannel  a  Her  wards  ;  then  cerloinly  the  end 
and  intent  of  the  act  is  entirely  pursued  :  for 
by  that  means  the  prisoner  liws^  the  names  of 
all  the  jury  returned,  and  ivreaAerwards  called, 
and  has  a  full  opportunity  of  making  such 
challenges  as  he  thinks  fit.  And  as  tho  reason 
and  intent  of  the  act  is  answered  by  this  con- 
struction, so  the  very  words  of  the  act  are  an- 
swered :  for  it  is  not  said  in  the  act,  that  he 
Bhall  have  a  copy  of  the  pannel  afler  it  is  return- 
ed, but  itissaiJ  a  copy  of  the  pannel  duly  rr- 
furuftd  by  the  sheriff;  ilrat  iij,  when  the  sheriff 
ba&^miyed  a  pannel,  then  he  is  to  have  a  copy 
of  that  pannel;  and  if  afterwards  the  sheriff  re- 
turn the  same  pannel  into  court,  is  not  this  a 
copy  of  the  pannel  duly  return etl  ?  With  sub- 
mission it  is,  and  sufficient  to  answer  both  the 
words  and  intention  of  the  act  of  jiarliament. 
It  is  true,  tny  lord,  if  the  act  of  parliament  had 
taid  he  should  have  a  copy  of  tne  pannel  after 
It  was  reiiirneJ,  then  we  could  not  have  said 
but  that  the  objection  would  hold.  But  when 
tke  words  are  g^eDeral,  and  it  h  most  reasonable 


Trial  qf  Ambrnsc  Rookwoodf 

to  be  interpreted  that  the  copy  is  to  he  delivff( 
when  the  arrny  is  made,  because  that  answi 
the  intent  anil  end  of  the  act  of  parUnme 
which  was  to  enable  the  prisoner  ta  mnVf  1 
chttllengfes,  we  take  that  to  be  sufficient; 
if  anotiier  interpretation  should  he  midfj 
would  render  the  trial  in  such  ctv- 
all  the  mischiefs  in  the  world,  ami  - 

firacticable  that  any  person  should  be  tried  ^ 
east  it  would  introduce  a  new  method  of  i 
ceedingfs  that  nerer  was  practised,  nor  <tugn 
be  introduced,  unless  ibis  act  of  parliaineiKj 
express  words  had  appointed  and  cou 
such  a  new  method  ;  and  we  siip|i 
lordship  will  nevpT  make  any  auch  co 
tion,  that  the  art  int tended  a  new  method, 
less  expressly  declared  ;  for  if  it  were, 
would  hate  it,  that  the  copy  of  the  pan 
not  to  be  delivered  till  after  the  returitl 
writ,  then  the  prisoner  cannot  be  tried 
the  return  of  the  writ ;  for  upon  the  retu 
ihe  writ,  the  jury  must  be  hroug-hl  to  the  I 
the  prisoner  must  be  brought  to  the  btr, 
adjourned  over  to  a  further  lime,  that  i&( 
mean  time  a  copy  may  be  delivered  to 
t  believe  that  they  can  never  shew  anyi 
dent  thtit  there  was  such  an  adjounim 
jury  of  life  and  death,  over  to  another 
a  person  to  have  a  copy  of  the  panne),  I 
him  to  make  his  challenges ;  and  eith 
must  be  the  conscqurncc,  or  else  the  jury  i 
not  ©ome  upon  the  return  of  the  Veuire  f^ 
but  there  most  go  a  Habeas  Corpora,  ^ 
prisoner  tried  ujion  that  Haheas  Gor 
first  there  Rjust  be  the  return  of  the  writ, 
the  copy  of  the  pannel  delivered,  then  IhgJ 
beas  Corpora  returnable  another  day  ;  i 
that  the  trial  must  be  had  :  but  I  belii 
can  be  no  in*»tance  given  of  a  trial  for  i 
upon  a  Habeas  Corpora.     Now  if  the  pa 
meut  htid  intended  that  they  would  not  I 
the-  copy  of  the  paDoel  delivered  till  after  1 
return  of  the  Venire  Facias,  tliev   would  c 
tainly  hnre  es:pre-ssed  aud  provided  how 
methofl  of  iria!  shouhl    have  been  ;   that  I 
that  either  the  jury  sliouM  have  been  :i<]jiiun 
over  till  anotiier  day,  or  else  brought  to  l" 
upon  a  Habeas  Corpora ;  which  is 
way  that  can  be  thought  of.    Indeed^ 
I  do  aeree,  that  if  the  sheriff  should  pfi 
copy  of  the  pannel  ^  and  afterwards  f^houl  " 
that  pannel,  though    but  in  one  na 
uoultl  not  answer  the  end  of  the  act  of^ 
ment,  because  the  prisoner  is  deprived  ( 
opportunity  of  knowing-  tin;  name  of  the 
son  that  he  so  altered,  in  order  to  his  mat 
his  challeng'es  against  him :  but  if  thc^  sh^ 
di>  return  the  same  persons  that  are  in  ( 
copy  delivered  to  the  prisoner,  then  we  do 
all  intents  nnd  purposes,  answer  the  end  4 ' 
act  of  parliament,  and  avoid  the  absurd 
struction  that  ihey  would  tnake  of  this  aCtl 
the  chang'in^  the  methoil  of  trials,  and  do' 
can  well  If  llwhat  method  should  be  piinn 
but  certairdy  if  tht?  act  of  parliament  intcn 
a  new  method  should  bepursded,  they 
have  described  and  settled  what  it  shntiltl  I 


f^  High  Tre^m* 

(dlr  Jdbn  Howies).    If  your  lorrU 

tft  «pjirr  mp  n  wonl  <^t'  the  i«anie 

:  i  hfts  been 

(trd  J  for, 

i  uLc  it,  the  ui  I  liiis  U>eii  ' 

errd  b»th  as  to  lb©  t* orils,  aoil  1 

r's  having' 

iiy  be  re- 

^  u  iiung^as  a  nfttmel 

ii<-.  sumfnoncJ,  and 

'f'fore  bis 
*  -.  ujai  Igni- 

ted fiufH- 
:  ^ts.  Cer- 
iieact  of  parliament 
■  lit  It  a  copy  of  ibe 
iirt  of  ibe  wril, 
d  that  Wfts  or- 
«|«i,  •«€  ojiv  4>4h^i  iidiiita  put  in  bill  those 
tenkftliaal  m  copy  of  before:  now,  my  tord,  1 
Aidtlibact  nf  p^trtiaimehl  mutt  be  takfii  ac- 
mgtmkt  iH*  IntanI  %iu\  meaning  of  It^  <j|-  else 
sǤWr  ti  jTisoner^  and  hurdar 

Mt  ifctt  ir  it  sbouhl ;  this  tiot 

V^ltfsb&ii  ii.-v^c  ;i  i:<)\y\  of  bis  indictment  so 
mtm  flairs  bdbra  lii;»  trial ;  Dow  I  would  fain 
^arm  wWiilur  iWy  won  hi  have  it  cooiitrued, 
ill te  Cifrj  fItMv  mit  need  to  be  ddivereil  til) 
#v  kiBCj^Ofiil,  wtiich  oiu&t  be  if  tlicir  doe^ 
ibMt  the  act  i«  to  li«  con- 
nUnLT  t*»  ibf*  Strict  letter  of  it,  for 
in4d  V  I  of  the   issue;    what  if 

H^  ad<ctji  live  red  Ave  days   before 

jj  tti  %ial,  ihcit>g:b  nfier  imwt  joioetl,  it  is  well 
L  v*^  acctirdjoc  t<*  such  an  e^cpositian*  for 
K^VEvqninf;  nf  ilie  prittotier  i^  no  part  of  the 
H  ilk«i4  tH   it   %vii«  iW  intent  of  the  pur- 


be  ««iis  nrrui^ned, 

'      uijvJu  have 

>  lo  make 

I  ai  i>^ii  - ;  be  nii^ht 

wliicb   ft*U'r   plen 

cot  till  not   liaTe  the 

jitiarMranls  move  to 


|iQ>    til 

^iMiiirf  M  ;. 

s^'iaii^ol',  mtir  could  h< 
iW)  (lie  tiifliciifiefti,  ivliich  (If'  mi^fbt  other- 
,4mi  rraKiu  for,  »l  hp  hiul  the  copy 
•«  fntt  to  {dead,  no  Uitit  I  lake  it  the 
»W  ioAerpretetl  tivpry  H  litrt' »cc^»^liol;' 
on^ftl,  .itu)  ibo  piittotiei'  at  the 
jt>  lion  of  ihc  act,  hai 

ra/L,  i.^ui  five  or  aix  dayii 

lirian^nmrul,  aud  therelore  we  liuve 
[  tvi  ikii*  pfcti'iHine  atid  lueanin^  ot 
^4dJlcopy 
t  at  '  try  Jhiu« 

l4llly iMfintrii  LJV    iHL  -„j4  iMi,  Mliich  lfi( 

'  KvMifiif  lo  lii«  act  of  |»;ii  it.inienl. 

•^■lli^y  ««3v  tbiit  eicu  a  iO(>y  of  ll»t 

v4H»»rc  it  ^  found  would  nut  be  t^ood 

ru  I  lii\   .„<  1        I  0..1 1  is  Uuf,   hwt  tii>^  rH'si-' 


at  n^  'd  paiiucl  | 

•jfd  <  lie  jury  be  ! 

1«  lur  l^a  aWr^  it&u«i  array  aud  iH»iu* 


1696. 

plete  his  pannel  to  let  bis  bailiff  know  M^ho  must 
he  summoned ;  but  in  the  case  of  an  iu^iclioent, 
though  a  bill  be  drst  formed  by  the  clerk,  yel 
it  is  not  looked  upon  as  a  formal  indictment  ia 
point  of  taw,  till  it  be  found  by  the  jury  aH  tbeir 
vcrrdict,  and  preferred  to  the  court;  and  it  is 
not  necessary  tiiat  this  indiclme4it  should  be 
formed  for  the  jury  before  they  find  it,  for  I  hey 
are  p>roperly  to  make  their  own  presentmeuts 
thi  m^elves  \  and  the  ancient  practice  was,  that 
they  only  presented  the  fact,  and  the  matter 
was  put  into  form  afterwards  by  the  court,  and 
in  many  cases  it  \^  so  at  this  day,  aa  we  have 
had  some  instances  lately  ;  but  as  to  the  ar- 
rayinc^  of  a  pannel  it  always  was  ao,  and  always 
must  be  so  arrayed  by  the  liherifr  before  the  jury 
summoned,  and  there  is  the  dijTerence  beiweeti 
the  lairing  a  copy  of  an  indictment  and  the 
copy  of  a  pannel,  the  one  is  taken  notice  of  in 
point  of  law  to  be  necessary,  the  other  is  not. 
This  giving"  a  cop^  of  the  pannel,  my  lord,  we 
say,  ia  within  the  intent  of  the  act,  which  waa 
only  to  enable  persons  accused  to  make  their 
just  challenges,  and  that  they  may  as  well  da 
w  ben  a  copy  is  delivered  after  it  is  arrayed  by 
the  sheriff,  as  when  it  is  returned  by  the  slicritt, 
and  being*  so  done,  with  submission,  it  is  well 
done  within  the  words,  and  within  the  intent  of 
this  act  of  parliameut. 

Mr,  Contf€r$.  M  v  lord,  the  words  of  this  act 
of  parliament  are,  That  they  shall  have  a  copji 
of  the  (lannel  of  the  Jurors  who  are  to  try  them, 
duly  returned  by  the  sheriff,  and  delivered  to 
them^  and  this,  two  days  before  the  trial  t  my 
Joi'd,  that  this  is  the  pannel  of  the  sheriff  of  the 
jurors  that  are  t4.»  try  them,  as  soon  as  it  is  ar- 
rayed, has  beeu  observed  already  ;  nov^'  it  would 
be  a  forced  construction  to  construe  these  words 
that  follow,  '  duly  returned  by  the  sheriff,*  to 
be  meant,  that  a  co^y  should  be  delivered  alter 
the  jury  is  returned,  because  that  would  be  a 
delay  of  justice,  and  keeping  off  the  trial  longer 
than  Mas  intended  by  tltis  act  of  parliament, 
and  more  than  will  answer  the  end  of  thicj  law ; 
for  the  end  of  it  was  to  give  the  prisoner  all 
benefit  aud  advuola^c  of  exceptions  against  any 
ol'tho.^e  that  were  tutry  him,  and  if  ha  lias  ibia 
pannel  ttvo  days  before  his  tiial,  he  has  that 
hrnetit  the  law  intended  him.  Now,  uiy  loni, 
a!>  to  what  has  been  said  of  an  indictment,  whitib 
by  this  law,  be  ia  to  have  a  cony  of  loo,  thai 
is  plainly  quite  another  case  ;  lor  it  is  not  an 
indicttncut  till  it  {ie  found,  and  fio  answers  not 
the  words  nor  iuiention  of  the  act  till  found  by 
the  ;>rand  jury  ;  tdl  theti  it  is  not  a  copy  of  lus 
€har;;c%,  and  therefore  by  no  construction  can  it 
hf  culled  a  copy  of  the  indictment*  1  think  I 
need  mil  trouble  your  lonl'^hip  any  further  in 
this  iimitkfr,  because  thit^  objection  was  li>rea}ceii, 
and  liu&  beeu  already  cmisidcred  of  by  the  court 
upon  ihe  prisoner's  Jirraie'omeot. 

H\r  Barih,  Shoacr.  My  lord*  in  answer  to 
what  Mr.  i^olicitor  ha^  ttatd,  that  there  is  as 
much  reason  to  expect  tlkat  the  copy  of  the  in* 
dictmeut  should  not  be  detiveretl  lifl  after  pl«*a 
pleaded,  as  that  the  tr^nuel  should  not  be  deh- 
ver^fd  till  atler  the  jury  relumed,  because  iu  ibt 


I 


I 


I 


I 


8  WILLIAM  III. 

4%&c  of  the  indictnieat  it  is  said  so  mfttljr  days 
Irt4hr«  iKe  triat^  and  the  trial  caonot  be  till  issue 
jometl^  tUne  can  be  no  weigfhi  id  that  objec- 
tion al  ftli ;  for  the  wtrrds  of  the  act  are  quite 
differeAtty  penned  in  the  rnse  of' the  indictment 
from  what  they  are  in  the  c*ase  of  the  pannel  ; 
for  thouj;b  it  \*€  said  it  should  be  dotie  five  davs 
before  tbe  trials  }et  it  !<>  added^  Mn  order  to  the 
*  adviain^  with  counsel  how  to  ptead  ;*  which 
in  oat  be  before  pli^a  pleaded^  and  therefore  it 
m\nH  be  absi*U*!ely  necessary  lo  be  done  before 
the  arrm^moetit,  My  tord,  I  have  propoȣ*d 
roy  dimbt,  it  may  have  consequence*  on  the 
one  side  and  the  other,  we  submit  intirely  onto 
yoar  ktrdsHip'i  jtidjjfment ;  it  is  a  new  law,  and 
never  has  receivenf  any  opinion  ;  I  he  uords  of 
it  are,  •  duly  retumeii  by  the  sheriff',*  atjd  the 

Stie:»^ion  t»,  Whetlier  a  eopy  of  (he  pan  net  upon 
>e  array  btl^trr  it  be  returned  he  a  copy  of  tiie 
nantt*-]  ifaly  retnrred,  1  hough  the  s^mo  pannel 
»e  afterwards  duly  retitroed. 

Mr  Phiy^'S,  My  iord,  Mr.  Attorney  General 
ftWMB,  ilittt  the  piior<  I  after  it  is  array e<i  may 
be  ameitdHd  aod  n!tered  by  the  sherin ;  and  it 
waa  nevt  t  it  lentfed  by  this  act  of  puHiament. 
that  any  copy  of  the  pannel  should  be  delivered 
lo  the  prisoner  but  of  thoije  men  that  were 
really  reiurticd  ;  so  that  we  take  it,  we  ouio^ht 
to  have  it.tvto  days  after  the  return  and  before 
the  trial ;  fui-  certainty  it  must  be  a  copy  of  tbe 
men  returned,  which  if  the  shenfl^  may  alter 
at  any  time  before  the  return,  the  intent'of  the 
Act  of  parhument  cnn  never  be  an&w^ered  by 
any  copy  hnl  what  is  a  true  copy  of  the  return. 
Idr.  Coo  vers  would  aimner  iho  olijecii-m  that 
I  made  aoout  a  copy  of  the  indiihuent  by  tlii^, 
that  it  is  not  an  imiictmeut  till  it  be  fonnil  by 
Ibe  jury  ;  but  I  think  it  is  no  answer  lo  our  oh* 
jectioA  at  :0I,  though  it  be  but  a  copy  of  (he  bill 
intended  to  be  presented  to  the  ^rand  jury,  yet 
if  the  erand  jury  afterwohJii  And  it,  it  i.s  ns  true 
n  co^iy  id  ihe  indicmient  as  thisiii  a  copy  of  the 
jury  iiLcnded  (o  be  returned,  and  fifter'<  ards 
relnnied.  As  to  what  they  say,  thai  this  will 
inirodiice  a  new  metliod  ol  trial,  contniry  to  all 
form  o:  pwce^tlings,  that  can  be  no  objection 
neitlier ;  « or  if  it  lie  so,  we  cannot  tell  tiotv  to 
help  itf  the  parliament  have  thought  tit  In  have 
jt  so,  arul  wc  must  submtt  to  take  it  ai»  I  be  law 
itas  made  it :  if  there  be  a  necessity  for  a  Ha- 
beas Corpora  upon  ttic  provision  made  in  this 
act,  90  it  must  be,  for  we  must  take  the  law  as 
iilti,  We  subtiiit  our  objection  to  yodr  lord- 
ahip  ;  we  think  we  have  not  had  the  beuetit  of 
llua  law* 

Mr.  Cowptr,  Surely,  my  lordp  whiit  !VIr. 
Phipps  has  now  said  has  no  weight  in  H;  th:;t 
because  the  shenfTbad  it  in  l:is  power  U*  alter 
the  p»uDel  before  it  was  relumed,  therefoic  this 
is  1 1 01  now  a  true  copy  '^f  the  puniiel  ot  jurors 
who  ure  lo  try  tlic  pr isomer,  *liily  returned  by 
the  sheriff;  which  arc  llie  WLHiJs  in  the  act.  ft 
is  true,  if  (lie  shentf  had  in  fact  altered  iJie 
pannel  from  what  it  ivun,  aoil  returned  it  so  iiU 
tered  into  court,  no  doubt  of  it,,  the  prifioner 
would  be  very  well  iniillcd  to  muke  this  oh* 
jeotioQi  that  be  Lad  not  a  copy  of  the  pauud, 


Trial  of  Ambrose  Rookxx>ood, 

or  the  names  of  the  jurors  that  were 
to  try  him  ;  but  now  we  can  aver,  that  we 
pursued  this  act  of  parliametit  hterally;  for 
answer  to  their  objection,  we  may   ask 
queslioQ  of  ihem  upon  the  words  of  the 
Have  you  not  had  a  true  copy  of  tlie  namea 
those  tuat  are  to  try  you,  and  are  duly 
by  the  sheriff  for  that  purpoftel  and  was 
that  copy  delivered  nuto  you  above  t 
ago  r  They^  cannot  say  they  have  not  fa 
and  if  they  cannot  say  so,  then  both  the 
and  meautiig' ivf  the  act  of  parliament  are 
every  res|>ect  anawered. ;  if  when  thejury^ 
to  be  called  the  prisoner  iimh  the  pani 
altered t  be  has  reason  lo  object,  and  w 
the  benetit  of  the  objection,  that  he  has 
ar}  vantage  which  the  I  aw  intended  him, 
that  prove  to  be  the  fact,  we  think  Ker« ' 
compliance  with  this  law. 

8oL  Gen.    8ir  Uarth.  Shower  mista 
objections  about  the  copy  of  the  iudi* 
for  u  e  say,  if  the  intent  of  tjie  act  of  pi 
be  complied  with,  it  is  suiHcient,  t 
where  the  words  are  any  way  douhtfirf^ 
cording  to  the  wordsof  thisactof  pailMmctii 
copy  of  the  indictment  need  to  >»e  deliveied  " 
6ve'days  before  the  trial ;  but  it  appearinsr 
the  intention  of  these  law«m:ikers  was, 
should  have  a  copy  of  the  indictment  to 
him  to  plead  to  it  if  he  hail  cause,  tl 
though  the  words  be  *  before  the  trial/  we 
taken  it  that  he  should  have  a  copy  6ve 
before  his  arraignment,  and  so  we  have 
ptteil  with  Ihe  meaning  of  ihe  hiw  in  that  poii 
as  we  have  also  in  this,  which  was,  we  take 
only  to  enable  the  prisoner  to  nuike  his 
leoe^es,  and  if  that  (m  done  two  days  betbre 
trial,  with  tuhiuission,  it  fully  answers  thtslw 

L.  C,  X    Have  you  dooe^  gentlenaen? 

Couns.    Yes,  my  lord. 

L.  C  J.  Then  look  you,  sir  B»  Hbo' 
lo  this  point  that  you  now  insist  upon 
had  it  under  consideration  heretofore  ;  wi 
here  ihiji  day  se'nniglil,  and  then  we  did 
sider  tn  what  method  wt^  should  proc*eed, 
that  ttic  prisoner  mi«jlit  hare  the  benefit 
teodi'd  hirtt  by  this  net  of  parliament :  the 
of  parhament  does  <lesign,  in  the  first  pi 
that  every  prisoner  thai  is  to  be  tried  for  h 
treason  should  have  a  copy  Qi'  his  indicti 
at  leuHt  five  davs  before  the  trial ;  that,  I  tbinl 
was  ail  the  makers  of  this  act  of  parliament  iip 
tetide<l  at  the  6rst;  but  then  there  being  ml 
sequent  words,  which  shew  the  reason  wif 
Ibey  gave  him  the  copy  so  lon^  before  tfa 
trial ;  which  is^  that  he  mi^ht  advise  with  W 
counsel  ivhat  lo  plead  ;  ihejie  worik,  we 
oei*e,  have  given  the  prisoner  a  fuiiher  tin 
than  what  was  ongiually  intended,  thereto 
we  have  tbnn|^ht  it  necessary  that  the  priiioo 
should  have  a  copy  of  his  indicUneni  five  da 
Ijefore  he  be  arraij^ned,  which  is  five  days  b 
fore  he  was  put  I o  plead  ;  und  yoiir  client,  I 
prisoner  at  the  liar,  has  had  the  benefit  of 
act  in  that  re^spect  before  we  arraigned  bit 
then  Mler  he  has  pleaded,  the  nuestioii  wi 
when  bo  was  to  have  a  copy  ok  cbe  picmel 


tSSj  for  High  Treason* 

fmm  ik  imp  of  Ihif  *ct  of  {mrtiaEaeut  wbs, 
llrilbipiiQiNT  tboutd  have  &  oo)>y  of  the 
mmt^tmh\%M'ore  histii.il,  in  oi^er  that 
it  niflt  eOMi^kr  of  ibe  persons  t!ial  were  to 
vtIuoi;  Ihtthf  mi^ht  (>  seSror their 

riiw^  Impm,  unA  >  in;    that  so 

B^nrt^i  ,  btuHiit  ihe  law  ^ves 

ka^c^i  '  srui  thirty,   without 

fMrc4Uif,  if  !»«•  itifl  not  like  the  men, 
t  n laiuj  mone  at  he  &houM  think  he  hatl 
'tis  case,  the 
rient  ii  an- 
„  .  »  iiie  paiinel,  oa 

^^iVftn^^  Lww  days  before 

9mtlHu  ....  ha<4  th«  full  be- 

t  M  llw  Id  ol  ^  intended  ;  he  t9 

lOOf^  •«  Wfr  I  .  Liakti  hii  eiiil- 

i  tWUu  shouht  be,  and 

*lfce  flime  ii  ^d  tiim,  that  the 

liBinenl  mratit  he  should  hitve ;  then 
[  liie  de«i|fn  oi  tliiji  Act  of  jmrliajueut 
wtttd  tt'ui  cufiijdied  with  in  the 
I  i|nef«iori  ^i  l>  helher  the  worda 
i  ttre  satisfied  ?  For  we  wuidd  be  very 
:99e  ^'  \\iii  nttiirct  %vhere  an  act  of 
iaieiHlta /^vour  to  a  prisoner  that 
I  tj|#  |]*rfiif  hill  life,  to  abridge  htm  of 
t  (if  it(ir  ^  hich  tj»e  very  words  of 
I  ftlbw  him,  though  the  intent  of 
rli^oM^t  were  jiiiswei'ed  uiherwise; 
t  place  It  is  observable,  that  the 
ftiiu^iii  .lu*'k  iMit  uAy^  tliat  the  ori- 
II  lelurn  ;  nor  docs 

I  ^in  the  court,  but 
I  m  copy  of  tiie  panoel  of  tli«  jurors 
1  ihnt  are  t<>  \ry  him  ;  now  if  the 
>  days  before  the 
.[idthie9<n^^  tiitn 
>    ^laun^i,  whi^h  paanti  is 
IT}  rnurl,  ha«  tiot  he  then 
M  ■  '  I>ot!«  not 

?  For  you 
ufj^i  u  IS  ntii  Mu<;  ifi  the  words 
ltb«eii|>y  flmll  be  delivered  atter 

'^*-'    •  •-  ■' "  -  •' •   "  '  :\  copy 

r  cany 

i—    ^^ >  .i   i"'    ......inHfii'  he 

•ml  wi'  think  thijq  Answers  both 

1^  r  it  i'v  31  tonv  of  the  pannel, 

1 1.|  iv  returned. 

i^ii^  t  wouhl  in- 

r  ik«e  ttoiml  luiu^e  af  Crialt, 

^  to  Uie  very  process  itself 

le  ..'f  law  to  award  process 

\  •  Ji^  1A  Appear  at  a  cf  rt^iiu  time, 

B joiiaed  between  th*'  ktM^^  Hnd  the 

I  y«l  wbiiu  we  have  done  this,  and 

are  suoirnoned  and  do  ap- 

i»  ttiey  e)unt! ;  for  the  isaue 

iMitfe  atW  tho  rettirn,  the 

fcttf«  •  copy  of  the  pnnnci  two 

s  act  of  J,  and  the  very 

I  ftfL  J  led  iQ  giviog  a 

nvl  ^  ofm  ibe  return. 

i«tt<i  'itf  ooticider&tion 

«fOB  dkbttte  aitiuug  cmts«:tr«i|  we 


A.  D.  16M« 


[13* 


did  thiuk  fit  to  award  the  precept  returiiabf# 
this  day,  and  rrsolved  to  try  the  prisooer  this 
day*  unless  better  reasons  were  offered  us  to 
uUer  our  opinion,  and  we  are  not  sAtiMfied  thai 
any  such  better  reason  has  been  gpiven,  but  that 
this  trial  ought  to  gt>  on,  the  prisoner  having- 
the  fidl  benefit  that  wa>»  de^tigued  hrm  by  this 
act  of  parliament.  And  the  giving  a  copy  of 
the  panoel  that  is  returned,  liiuugn  before  the 
return^  sufHriently  satisfies  the  words  of  the 
act !  no  other  construction  can  be  made  with« 
out  great  absurdities  :  thiit  is  my  opinion. 

8tr  B.  Shower.  My  lord,  I  hope  we  shall  Ke 
excused  for  our  clieni,  we  have  another  doubt 
to  propo<ie  to  the  court, 

L.  C.  J-  You  have  bad  ray  opinion  upon 
this  point,  if  my  lords  and  brothers  are  of  uno<* 
ther  opinion,  they  wdl  tell  you. 

Jadgct,    No,  my  lord,  we  are  all  of  the  same 

DplDiOn. 

L,  C.  /.  My  Lord  Chief  Justice  of  the  Com- 
mon Pleas,  and  my  brothers  are  all  of  the  same 
opinion. 

Sir  B.  Shower.  My  lord,  we  say  we  hare 
aoothpr  doubt  to  pro(>ose  U{>on  this  act  of  per* 
liament:  it  ist  a  new  one,  and  never  put  in 
pr^iOLice  till  no  v,  and  therefore  we  hope  your 
iontship  will  please  to  excuse  us,  if  we  offer 
nor  objections,  because  there  has  yet  never 
been  a  delerniination  about  it,  and  we  are  es< 
signed  of  counsel  by  your  lordship. 

L.  C.  J.  Never  make  apologies,  sir  Bartbo* 
lomew,  for  it  is  as  lawful  for  you  to  be  of  coun* 
scl  in  this  cuse,  as  ii  is  in  any  nther  case  where 
the  law  allows  counseh  It  is  expected  you 
should  do  3  our  best  for  thuee  vou  are  assigned 
for,  as  it  is  expectei)  in  any  other  case  thatyrm 
do  vour  duty  for  your  client. 

ftr  B.  Shower,  My  lord,  our  exception  is 
this,  ne  say  that  this  trial  cannot  go  on  at  this 
time,  upon  this  act  of  parliament,  because  we 
have  no  true  copy  of  tho  whole  indictmenl ;  it 
does  not  appear,  in  the  copy  we  have  delivered 
to  us,  bet  ore  whom  it  was  taken,  or  wbether 
it  was  taken  at  all,  or  in  whnt  pkce  it  wat 
taken  ;  it  &i)ys  only  ^  Middlesex'  inthL»  margin, 
and  iheu  *  JuratoreA  pro  Domino  Re^e  pre* 
*  sentAnt:'  that  might  be  befori^T  the  justices 
of  the  peace  at  the  quarter  sessions,  or  it  mii^hl 
be  at  th^  monthly  sessions  at  HicksVHill, 
or  it  luiglit  be  at  the  Hc'Stions  at  the  Old  Bai* 
ley<,  or  it  fiiight  be  before  comnaisaionen  uf 
Oyer  and  Terminer,  as  perhaps  it  really  was  ; 
but  noil  eomtai  where  it  was  takeo^  nor  bow  it 
comes  hither  i  it  might  be  before  your  lordship 
here,  as  wc  believe  it  was,  but  inis  copy  not 
letting  us  know  where  and  bow  it  was  taken, 
we  think  we  have  not  the  benefit  of  this  law  | 
for  the  party  accused  is  by  this  act  of  parliA'^ 
ment  to  have  a  cony  to  atlvise  with  counsel, 
that  be  may  be  enanled  to  plead.  And  that  is 
the  reason  why  ihe  words  of  tlii^  aot  are  eo 
penned,  that  he  shall  have  a  copy  of  the  whole 
indictment,  which  we  cannot  plead  to,  unless 
we  know  where  it  was  taken,  if  we  should  have 
occasion  to  pleAd  any  special  matter.  And  be« 
tiilesi  my  loVd,  there  is  auotber  reesoii  why  W9 


IW] 


8  WILLIAM  III. 


•bouM  lia¥e  the  whole  indictment  to  enable  us 
to  plead,  because  if  we  bad  the  Caption,  it  miflfbt 
perhaps  ap[)ear,  that  Ihe  iodictment  wai  taken 
before  the  time  of  the  fact  alleged  in  the  in- 
dictment, and  then  that  would  make  it  Yioious ; 
it  might  be  belbre  the  9th  of  February,  when 
this  treason  is  said  to  be  committed,  and  thep 
we  ought  not  to  be  brought  to  trial.  Now  the 
design  of  this  act  of  paniament,  in  giving  the 
prisoner  a  copj  of  the  indictment  so  lon^  be- 
fore the  trial,  was  net  only  to  enable  him  to 
make  his  defence  upon  the  trial,  but  also  to  ad- 
vise with  counsel  to  plead ;  for  so  the  words 
are,^  the  better  to  enable  him  to  plead.'  Now 
we  savr  to  answer  tbb  end,  it  is  necessary  we 
should  have  a  copy  of  the  whole  indictment,  as 
it  stands  before  your  lordship  in  court.  And 
another  reason  is  this,  it  is  no  indictment,  un- 
less it  be  presented  by  the  jury,  as  their  inqui- 
sition upon  oath,  unto  some  court  that  has  ju- 
risdiction of  the  matter:  what  we  have  deli- 
vered to  us  is  only  a  copv  of  a  bill  as  to  be  de- 
livered to  a  gitmd  jury  to  oe  found ;  non  constat^ 
that  it  is  found.  Now  the  intent  of  the  act  of 
parliament  beinsp  to  give  the  prisoner  this  ad- 
vantage to  enable  him  to  plead,  he  may  have 
severfi  pleas,  of  which  he  micht  take  a  legal 
advantage  if  he  had  a  copy  of  the  whole,  which 
he  knows  not  how  to  come  at  now  ;  and  in  truth 
it  is  very  necessary,  because  if  he  be  tried  upon 
an  indictment  found  in  another  county,  then 
these  commi^oners  have  not  a  legal  authority 
to  try  him  ;  and  if  the  trial  should  go  on,  and  he 
be  acquitted,  he  is  subject  to  be  indicted  and  tried 
again,  and  never  can  relieve  himself  by  the  ac- 
quittal upon  such  an  indictment  before  persons 
that  had  no  authority  to  try  him.  I  doubt  he 
can  never  plead  the  acquittal,  because  he  can- 
not make  out,  that  he  was  duly  tried  and  ac- 
quitted :  and  for  these  reasons  we  humbly  sub- 
mit it  to  your  lordship,  whether  we  have  had 
the  benent  of  tliis  law,  in  having  a  copy  of  the 
whole  indictment  to  enable  us  to  plead  ;  and  if 
we  have  not,  till  we  have  that  benefit,  we 
humbly  conciive  this  trial  ought  not  to  go  od. 

Mr.  Phipps,  My  lord,  the  question  is,  Whe- 
ther the  style  of  the  court,  the  persons  before 
whom  it  was  taken,  and  to  whom  the  present- 
ment is  made,  the  time  when  it  was  taken,  and 
the  place  where,  ought  not  to  aopear  in  the  in- 
dictment ?  tliis  law  requiring  tnat  the  prisoner 
■bould  have  a  copy  of  the  whole  indictment  to 
enable  him  to  plead ;  for  if  it  should  hap|)en, 
that  the  indictment  was  taken  before  persons 
that  had  no  jurisdiction,  then  I  believe  it  will 
not  be  denied  but  that  the  prisoner  might  plead 
to  the  jurisdiction,  and  there  might  be  several 
other  pleas  that  he  might  take  advantage  of. 
I  would  desire  to  know  of  the  king's  counsel, 
whether  ever  they  saw  a  copy  of  an  indictment 
^ven  in  evidence,  or  pleaded  without  the  Cap- 
tion. It  is  not  a  true  copy  witliout  it;  there 
ought  to  be  the  time,  the  place,  and  the  style 
of  the  court  before  whom  it  is  taken. 

Ait.  Gen.  Truly,  my  k>rd,  I  think  1  need 
•ay  no  more  to  this  olgection,  than  it  does  not 
iH  a  proper  time;  far,  with 


Trial  of  Ambrose  Itookwood, 

if  the  prisoner  will  upon  thb  act  say  he  1 
had  a  copy  of  his  indictment  to  enable  1 
plead,  he  ought  to  have  taken  the  advan 
It  before  he  did  plead ;  that  is  the'propi 
for  him  to  object  thb  matter  to  the  cou 
if,  after  he  has  had  such  a  copy  as  this  p 
hashed,  he  does  submit  to  plead,  wit 
mission  it  is  too  late  to  come  at  his  tr 
make  this  objection,  he  cannot  be  reoc 
make  it  after. 

L.  C.  J.  That  is  a  full  answer,  Mr.  At 

Att.  Gen,  I  think  it  is,  my  lord,  wit 
mission,  not  that  we  would  wave  givin; 
answer  to  it,  if  it  were  in  a  proper  tim 
the  metl^  of  proceeding  roUst  be,  i 
tliink  we  have  no  occasion  at  this  time 
any  thing  more  to  this  objection. 

X.  C.  J.  No,  no,  that  is  a  full  answer 
point :  for  look  ye,  you  that  are  of  coui 
the  prisoner,  when  once  you  have  plead< 
admit  you  have  had  a  copy  ;  for  the  co 
given  you  to  enable  you  to  plead,  and 
you  have  pleaded,  you  have  passed  by 
vantage  that  you  could  have  from  thf 
as  to  any  plea  that  you  can  make :  for  it  i 
for  granted  ye  had  a  copy  to  enable 
plead,  and  to  advise  with  your  counsel  al 
since  you  did  plead,  and  did  not  insist 
at  the  time  of  your  arraignment  that  j 
not  such  copy. 

Sir  B,  Shower,  My  lord,  we  have  pi 
one  doubt ;  we  humbly  submit  it  to  the  < 

Sol.  Gen.  It  was  their  own  fault,  tt 
objection  was  not  made  in  time. 

X.  C.  J.  That  doubt  of  yours  may  s 
another  time,  but  now  certainly  it  is  qi 
of  time. 

Sol.  Gen.  Nay,  my  lord,  even  upon 
raignment  tbat  would  not  serve  their  tu 
ther. 

L.  C.  J.  We  will  not  enter  upon  tha 
pray  go  on  to  swear  the  jury. 

CI.  ofAr.  You,  the  prisoner,  look  t 
challenges,  as  I  told  you  before.  Cry< 
sir  Jeremy  Saiubrook. 

Cryer.    Vous  avez. 

Sir  B.  Shower.  Mr.  Rookwood,  you 
make  your  own  challenges. 

Rookwood.    I  do  not  challenge  him. 

CI.  of  Ar,    Then  hold  sir  Jeremy  the 

8ir  Jtr.  Swnbrook.  My  lord,  I  am  unt 
of  serving  upon  tiiis  jury,  for  I  have  be 
these  several  years,  these  dozen  years ; 
not  hear  what  is  said  in  court,  thoug 
now  so  near  the  court ;  I  could  not  hef 
your  lordship  said,  nor  what  was  said 
bar.  I  have  a  certificate  here,  if  your  h 
please  to  have  it  read  ;  and  most  of  the  | 
of  quality  about  the  court  know  it  to  be  : 

Att.  Gen.    My  lord,  I  am  afraid  it  is 

L.  C.  J.  Nay,  if  it  be  so,  it  is  not  iitti 
he  should  be  upon  the  jury,  when  he 
hear  what  is  said  :  you  must  excuse 
reriiv  Sambrook.    Go  on  to  the  next. 

CS.  ofAr.  George  Ford. — Cr^er.  Von 

CI.  of  Ar.  Look  upon  the  prisoner. 

BjoAmo^i^  1  challenge  him. 


Jbr  High  Tnoion. 

Mr.  FonI,  you  must  not  go  away, 
apoo  aoother  pannel,  wherein  you 
Aoyedy  though  you  are  now  chal- 

.  William  Underhiil. 
challenge  him. 
.  William  Withers, 
challenge  him. 
SamuelPowell. 
do  not  except  against  him. 
Then  swear  Mr.  Powell. 
M>k  upon  the  prisoner.    You  shall 
ly  ^y>  ^"^  ^^^  deliverance  make 
r  sorereign  lord  the  kinpf)  and  the 
lie  bar,  whom  you  shall  have  in 
I  a  true  verdict  give  according  to 
ce.     So  help  you  God. 
Thomas  Trench, 
challenge  him. 
John  Wolse. 
challenge  him. 
James  Bodingtoo. 
challenge  bim. 
John  myroond. 
challenge  him. 

Richard  Marsh.    [Be  did  not 

Georjre  Haws. 

challenge  him. 
.  Fiancis  Barry. 

challenge  him. 
.  Arthur  Bnily. 

[  except  t)ot  against  him.  [Sworn.] 
.  John  Webber. 

do  rot  except  acrainst him.  [Sworn.] 
.  Thoiuas  Glover. 
I  challenge  him. 

Dormer  Sheppard. 

challentre  him. 
.  George  Tredway. 

do  not  except  against  him.     [He 

Matthew  Bateman. 
'  challenge  him. 

Timothy  Thombory. 
[  challenge  him. 
.  James  Partberich. 
[  challenge  him. 
.  Thomas  Freeman. 
i  clial!enge  bim. 
'.  Joseph  Blithit 
I  challenge  him. 
.  Timothy  T/eonoy. 
[  have  nothing  to  say  against  him. 
om.] 

.  John  Harris. 
I  do  not  except  against  him.     [He 

.  JohnBillers. 

I  challenge  him. 

'.  Richanl  Bourne. 

I  challenge  him. 

%  George  Carter. 

!  do  not  excentagainst  bim.  [Sworn.] 

'.  Francis  Ctiapman. 

I  cfaallcBge  him.  . 

*.  Alexander  Forth. 


A.  D.  1696. 


tl58 


Hookw.  1  challenge  him. 

CL  (fAr,  Thomas  Playstid. 

Hookw,  I  challenge  him. 

CL  ofAr,  William  EUey. 

Rookw,  I  do  not  except  against  him.  [H# 
was  sworn.] 

CL^Ar,  John  Marsh. 

Kookw.  I  have  nothing  to  say  against  him. 
[He  was  sworn.] 

CL  of  Ar.  I^muel  Hooper.  (He  did  not 
answer.) 

X.  C.  J.  Did  Mr.  Hooper  appear  f 

CL  o^At.  Yes,  my  lord^  he  is  marked  as 
appeanns^. 

L.  C.  J.  Then  you  ought  to  call  him  Bgtan^ 
and  set  a  fine  upon  his  head. 

CL  ofAr.  Cryer,  call  Samuel  Hooper. 

Cryer,  Samnel  Hooper,  come  into  court  and 
give  voar  attendance,  upon  pain  often  poandf 
for  tfie  court  has  recorded  your  appearance. 

CLafAr.  John  Hall.  . 

BjookuD.  I  challenge  him. 

C/.  ofAr.  Nicholas  Roberta. 

Rookw,  I  challenge  him. 

CL  ofAr.  William  Partridge. 

Bmkw.  I  challenge  him. 

Sir  B.  Shower,  How  many  has  he  chl^t' 
lenged,  Mr.  Hardesty  ? 

CL  ofAr,  I  will  tell  you,  sir  Bartholomew. 
He  has  challenged  94. 

Sir  B.  Shovcr.  Well  then,  go  on,  sir. 

CL  ofAr.  Peter  Laveane. 

Rflokw.  I  challenge  him. 

CLofAr.  Thomas  Moody. 

Bjookw.  I  challenge  him. 

CL  ofAr.  Richard  Bealing. 

Rookw.  1  challenge  him, 

CL  ofAr.  Thomas  Evans. 

Rookw.  I  challenge  him. 

CL  ofAr.  Thomas  Rammage. 

Rookw,  I  challen^  him. 

C/.  ^^r.  EdwaroTownshend. 

Rookw,  I  challenge  him. 

CL  ofAr,  William  Gunston. 

Rookw.  I  challenge  him. 

CLofAr,  Samuel Freebody. 

Rookw,  I  do  not  except  against  him.  (He 
was  sworn.) 

CL  ofAr.  Philip  Wightman. 

Rookw,  I  challenge  him. 

CL  of  Ar.  There  are  now  thirty-two  chtU 
lenged. John  Wyberd. 

Rookw,  I  challenge  him. 

CL  (fAr,  William  Strowd. 

Rookw,  I  challenge  him. 

CL  ofAr,  Daniel  Byteild. 

Rookm.  I  do  not  except  ugainst  him.  (Ha 
was  sworn.) 

CL  ofAr,  Benjamin  Noble. 

Rookw,  I  have  nothing  to  say  against  him« 
(He  was  sworn.) 

CL  of  Ar,  Cryer,  count  them.  Samnel 
Powell, — • 

Cryer,  One,  &c. 

CLofAr.  Benjamin  Noble. 

Cryer,  Twelve  gfood  men  and  true,  stand 
together,  and  hear  your  evidence. 


159] 


8  WILLIAM  in. 


The  names  of  the  twelve  swoni  were  these : 
Samuel  Powell,  Arthur  Bailey,  John  Webber, 
Geor^  Tredway,  Timothy*  Lennoy,  John 
Harris,  George  Garter,  William  Atley,  John 
Marsh,  Samuel  Freebody,  Daniel  Byfeild,  and 
Benjamin  Noble. 

L,  C.  J.  Look  ye,  Mr.  Phipps,  your  oljce- 
lion  upon  the  indictment  slipt  me,  and  therefore 
I  would  speak  to  it  now :  You  said  it  might  be 
as  well  a  copy  of  the  indictment  before  it  be 
found,  as  well  as  this  a  copy  of  the  pannel  be- 
fore it  be  returned.  Now  that  cannot  be,  for 
an  indictment  is  not  an  indictment  till  it  be 
found,  it  is  <mly  a  writing  prepared  fi>r  the 
case  of  the  jurv,  and  ibr  expedition ;  it  is  no- 
thing till  it  IS  ibuid,  for  the  jury  make  it  an 
indictment  by  finding  it,  they  may  alter  what 
they  please,  or  refuse  it  absolutely.  And  if  the 
jury,  upon  examining  the  witnesses,  would 
only  present  a  matter  of  fact  with  time  and 
place,  the  court  might  cause  it  to  be  drawn  up 
mto  form,  without  carrying  it  to  the  jury : 
again,  there  needs  no  Bilia  vera;  for  that  is 
only  the  jury's  owning  that  which  the  court 
has  prepared  and  drawn  up  fiff  them :  but  a 
pannel  is  a  pannel  when  it  is  arrayed,  before  it 
De  returned,  and  a  copy  of  the  pannel  given 
before  it  be  returned,  is  a  copy  of  the  pannel 
returned,  if  it  be  afterwards  returned,  as  it 
must. 

Sir  B.  Shower.  But,  my  lord,  that  notion 
atrengthens  our  objection  that  we  last  made, 
that  makes  it  necessary  that  we  should  have  a 
copy  of  the  Caption,  as  well  as  the  other  part, 
to  make  it  a  true  copy  of  the  whole  iudict- 
ment. 

Z.  C.  J.  That  is  another  thinjf,  we  will 
talk  of  that  another  time  ;  but  I  speak  of  this 
only  as  to  his  objection,  which  slipt  my  me- 
mory, because  I  would  have  nothing  remain 
unanswered. 

Mr.  Phipps,  My  lord,  when  I  lie  Bill  is 
ibund,  the  copy  that  we  delivered  before  is  as 
much  a  true  copy  of  the  indictment  as  our 
oopy  of  the  pannel  is  a  copy  of  the  jury  re- 
turned. 

L,  C.  J.  A  pannel  is  a  pannel,  when  it  is 
arrayed,  but  a  bill  is  not  an  indictment  till  it 
be  tound ;  one  cannot  say  a  man  indictatm 
egistitf  till  it  be  found ;  afl  that  we  say  of  it 
before  it  oe  found  is,  that  there  was  quadam 
Billa  preferred  to  the  grand  jury,  and  if  the 
jury  bring  it  in  Ignoramus,  whereby  they 
disown  tm  presentment,  it  is  cancelled,  and 
there  is  no  record  of  it,  nor  nothing,  only  a 
memorandum  in  the  clerk's  book  perhaps, 
that  such  a  thing  was.     Well  go  on. 

CI.  qfAr.    Cryer,  make  Proclamation. 

CJryer.  O  yes,  If  any  one  can  inform  my 
lords,  the  king's  justices  of  Oyer  and  Ter- 
miner, the  kiag's  serjeant,  the  king's  attorney 
general,  before  this  inquest  to  be  taken,  of  the 
bigh-treason  whereof  Ambroee  Rookwood,  the 
pnaoner  at  the  bar  stands  indicted,  let  them 
come  forth,  and  they  shall  be  heard ;  for  now 
the  prisoiier  standi  at  tha  tar  upon  hit  de- 


Trio/  ofAmbroie  Roohcood^ 

liveranoe,  and  all  others  that  are  bouDd  I 
cognizance  to  give  evidence  against  th< 
soner  at  the  bar,  let  them  come  forth,  anc 
their  evidence,  or  else  they  forfeit  their  n 
nizance. 

CL  ofAr.  Ambrose  Rookwood,  hoi 
thy  hand,  (which  he  did).  You  thi 
sworn,  look  unon  the  prisoner,  and  hearl 
his  cause.  He  stands  indicted  bv  the  na 
Ambrose  Rookwood,  of  the  pansn  of  St. 
Covent- garden,  in  the  county  of  Midd 

f^nt.  for  that  he,  together  with  Ghrist 
nightley ,  not  yet  taken,  Robert  LowicI 
Charles  Cranbume,  and  divers  others, 
traitors,  &c. — prout  in  the  indictment, 
talis  mutandis^  and  against  the  form  c 
statute  in  that  case  made  and  provided, 
this  indictment  he  hath  been  arraigned 
upon  his  arraignment  hath  pleaded  not  g 
and  for  his  tnal  hath  put  himself  u|iof 
and  his  country,  which  country  you 
your  charge  h  to  enquire^  whether  he  be  i 
of  the  high-treason  whereof  he  stands  ind 
or  not  guilty ;  if  you  find  him  guilty, 
are  to  inquire  what  goods  or  chattels,  lai 
tenements  he  had  at  the  time  of  the 
treason  committed,  or  at  any  time  stn< 
you  find  him  not  guilty,  ye  are  to  it 
whether  he  fied  for  it;  it  you  find  that  b 
for  it,  you  are  to  inquire  of  his  goodi 
chattels,  as  if  you  had  found  him  guili 
you  fiod  him  not  guilty,  nor  that  he  did  i 
It,  you  arc  to  say  so  uod  no  more:  and 
your  evidence. 

Mr.  Mountague,  May  it  please  your 
ship,  and  fou  gentlemen  of  this  jury,  tli 
dictment  that  has  been  rt-ail  to  you,  does  d 
the  prisoner  with  high -treason  tor  compa 
and  imagininc^  the  ncatli  of  the  king,  fc 
deavouring  to  subvert  the  government,  s 
subject  the  people  of  England  to  the  slavi 
Ix»wis  the  French  king ;  and  for  this  eo 
indictment  sets  forth,  tliat  the  prisoner  s 
b:ir  did  privately  meet  with  several  false 
tors,  to  consult  how  they  mi*>-ht  compai 
death  of  the  king,  and  commit  those  other 
sons;  and  that  the  10th  of  Februar 
Cofent-gorden,  in  this  county,  it  was  a| 
among  them,  that  they  should  get  tog 
forty  horsemen,  whereof  the  prisoner  a 
bar  was  to  be  one,  and  they  were  to  lie  u 
bush,  and  set  upon  the  king  in  his  coach 
his  return  from  going  abroad ;  some  we 
attack  the  coach,  others  to  attack  the  gi 
and  there  were  some  to  kill  the  king  ii 
coach :  and  the  indictment  does  Tik 
charge  the  prisoner  with  gathering  tog 
horses,  and  providing  arms  for  this  piu 
To  this  indictment,  gentlemen,  ne 
pleaded  not  guilty ;  we  shall  call  oor 
ncsses,  and  prove  the  fact,  and  when  we 
so  done,  we  do  not  at  all  doubt  but  yoo  w 
your  duty. 

8ir  £.  Shower.  My  lord,  before  Jiha 
nesses  are  called  we  have  a  doubt  to  prapi 
your  lordship  upon  this  act  of  parliamenl 
that  it|  whether  we  are  to  take  our  «] 


^r  High  Treason^ 
lis  indictineBt  before  the  e?ideQce  be 


A.  D.  1696. 


[162 


giWi 


li  ihouki  properly  be  before  the 


The  words  of  the  act,  my 
*  before  the  evidence  gi?ea." 

That  act  proFides,  That  if  you  do 
be  advantage  of  it  before  the  ewi- 
I,  jroa  shall  not  move  tb^t  in  arrest 
Hi. 

lower.     It  ooly  says  before  evidence 
DO  evideooe  Ms  yet  been  given. 

But  you  are  certainly  very  irre- 
oint  of  practice,  nobodv  ever  took 
to  an  iDuictmeBt  after  the  jury  was 


lowr.  If  your  lordship  pleases  to 
da  be  read  of  tlie  act  of  parliament, 
lese :  Thai  no  indictment  shall  be 
oaleaB  exception  be  taken  in  the 
e  the  tml  shall  be,  before  any  evi- 
ti   in  court  upon  that  indictment. 

sav,  strimgly  implies,  that  the  law- 
ugnt  it  m^t  be  done  at  any  time 

eTidence  was  given  in  open  court, 
1ft  the  law  takes  notice  that  after 
it  shoold  be  of  DO  avail ;  it  would 
a  rery  improper  expression  beibre 
iven  ID  open  court,  if  it  bad  meant 
fory  were  sworn  and  charged ;  for 
evidence  supposes  the  trial  com- 
f  they  had  intended  it  otherwise, 
tat  it  should  be  before  the  jury  is 
ey  woukl  have  expressed  it  to  be 
i  arraignmeot :  but  mentkining  it  te 

the  court  where  the  trial  is  to  be, 
ience  given,  that  supposes  the  in- 
»  be  at  issue  h^ore  the  party  needs 
is  exceptions.  Therefore,  my  lord, 
'e  are  regular  in  offering  our  exoep- 

Pray,  what  say  you  lo  it,  Mr. 

a.  Truly,  ro)r  k>rd,  I  think  they  are 
jTular ;  for,  with  submission,  I  take 
High  this  Act  of  Parliament  has  in- 
!ni  with  several  tilings  which  were 
Ue  by  law  before,  yet  as  to  this  part 
Mil  aflowed  to  take  exceptions  to  the 
:,  otherwise  than  they  could  before 
IS  passed :  nay,  so  far  from  that,  that 
Isbip  looks  into^tbe  act,  you  find  they 
ned  in  this  point  from  an  advan- 
tbey  bad  before,  that  is,  they 
move  any  such  things  as  are 
itioned,  after  verdict  in  arrest  of 
;  so  that  this  part  is  restrictive  to  the 
ind  lakes  away  some  advantage  that 
fore  ;  which  was,  moving  in  arrest 
sot  slier  verdict ;  but  it  leaves  the 
rceptioBS  as  to  any  time  before  the 
it  was  before,  which  was  beibre  plea 
Ml  not  aiVer  the  jury  sworn  :  for  it 
denied  that  in  point  of  practice,  such 
this  that  is  now  offered  couM  not 
dane  before  the  act.  I  would  be 
ow  whether  they  can  shew  any  pre- 

nii. 


cedeirt  of  any  such  thing  as  they  now  contend 
for.  They  say,  the  words  of  the  act  are,  excepi> 
tion  must  be  taken  before  evidence  given  ;  but 
that  must  be  taken  at  such  a  time  as  t\iej 
might  by  the  course  of  law  do  it  before :  for 
when  the  jury  is  sworn,  they  must  give  a  ver« 
diet,  and  I  do  not  know  how  ihey  can  be  dis- 
charged without  giving  a  verdict ;  therefore 
unless  the  act  had  given  directions  for  a  parti- 
cular manner  of  proceeding  in  this  matter, 
which  it  has  not  done,  your  lordship  will  not, 
1  presume,  do  it  in  any  other  manner  than  as  it 
was  before  the  act  made ;  and  if  there  be  no 
precedent  to  be  shown  of  any  such  thing  as 
this,  of  taking  exception  to  an  indictment  after 
the  jury  sworn  and  charged  with  the  prisoner ; 
then  there  is  no  power  in  this  Act  of  Parliament, 
given  to  them  to  take  exceptk>ns  to  this  indict' 
meut  at  this  time ;  we  take  it  the  motk>n  is 
very  irregular  upon  all  accounts. 

60/.  Gen.  My  lord,  we  first  say,  that  it  is  not 
proper  for  them  to  make  any  such  motion  aa 
this  upon  this  Act  of  Pailiament,  till  they  tell 
us  what  their  exception  is,  that  we  may  see 
whether  it  be  within  the  words  and  meaning  of 
this  Act  of  Parliament.  The  only  thing  now 
that  is  proper  for  us  to  consider,  u  the  issue 
joined,  and  the  inquiry  whether  the  prisoner  at 
the  bar  is  guilty  of  the  high -treason  of  which 
he  is  indicted,  to  which  indictment  he  has 
pleaded  Not  Guilty :  that  is  the  thing  that  is 
now  before  your  lordship  to  be  tried,  they  have 
room  for  exceptions  to  the  indictment  after- 
wards, for  some  exceptions  T  mean,  (I  do  not 
know  what  their  exceptions  are)  but  if  they  be 
such  as  may  be  taken  after  the  verdict,  then  I 
am  sure  they  are  irregular  now  in  their  motion, 
and  they  can  shew  no  precedent,  when  it  was 
done  after  plea  pleaded  and  issue  joined,  as  it  is 
in  this  case. 

Mr.  Conyers.  The  advantage  that  the  act 
l^ves  the  prisoner,  of  having  a  copy  of  his 
mdictment  so  long  before  trial,  is  to  enable  him 
to  plead,  or  to  take  exceptions  to  quash  it ;  but 
I  never  heard  a  motion  to  quash  an  indictment 
after  a  jury  is  charged  to  hear  the  evidence. 
Certainly  they  ought  to  do  it  before  plea 
pleaded,  and  not  now  to  come  to  make  a  motion 
to  quash  the  indictment,  after  they  have  pleaded, 
and  the  jury  sworn  :  therefore  we  suumit  it, 
upon  the  constant  practice  in  like  cases,  to  the 
jud^ent  of  the  court. 

8ir  B,  Shower,  In  answer  to  that  which  Mr. 
Attorney  hath  said,  that  it  is  an  improper  time ; 
I  thought  truly  1  had  moved  it  for  the  advan* 
tajype  and  ease  of  the  king*s  counsel,  that  they 
might  not  proceed  upon  this  trial,  when  per- 
haps after  all  their  trouble,  the  foundation, 
which  is  the  indictment,  may  fail.  I  have  a 
great  many  exceptions  to  timiiidictment ;  they 
say  we  should  name  what  our  exceptions  are : 
I  will  acquaintthem  with  them  as  fast  as  I  can; 
if  your  lordship  please,  the  indictment  is  very 
louse  and  uncertain. 

L,  C,  J,  Certainly  the  motion  is  irregular  in 
point  of  practice. 

8ir  B.  Shower.  My  lord,  we  weieafinid,  wt 
M 


163] 


8  WILLIAM  m. 


Trial  of  Ambrose  Rookwood, 


[Mi 


■houid  be  excluded  from  taking  these  excep- 
tions afler  the  evidence  given. 

X.  C  J.  ^  you  are  by  the  express  words  of 
the  act. 

8ir  jB.  Shoicer.  Then  certainly  we  may  do  it 
before  the  evidence  given. 

JL.  C.  J.  But  the  act  does  not  say,  ye  shall 
do  it  any  time  before  the  evidence  given,  ospc> 
cially  in  such  an  irregular  manner,  after  issue 
joined  and  the  jury  swoni.  Suppose  Mr. 
ikttorney  had  given  some  evidence. 

Kir  B.  Shincer,  Then,  my  lord,  I  ngreo  we 
had  Ijeen  without  the  words  ;  therefore  I  now 
move  it  before  the  evidence,  because  the  Art  of 
Parliament  has  given  me  liberty  to  do  it  betbre 
the  evidence  given :  fur  the  law  having  given 
this  liberty  to  tlie  prisoner,  to  make  such  excep- 
tions within  such  a  time,  your  lordship  wdl 
not  restrain  us  from  making  use  of  that  liberty 
further  thmi  the  law  has  restrained,  but  we 
may  make  use  of  our  exceptions  betbre  the 
evidence  given,  eillier  to  induce  your  tordship 
to  quash  the  indictment,  or  the  iary  to  find  us 
Not  Gujily,  as  we  hope  your  lordship  will  direct 
them  to  do :  for  what  is  more  common  upon 
indictments  after  the  jury  are  sworn,  than  if 
facts  appear  ii|h>u  the  record  not  to  be  suffi- 
ciently alleged,  the  court  will  direct  the  jury  to 
find  the  party  Not  Guilty.  We  think  this  net 
does  give  us  this  liberty,  othetwise  I  know  not 
to  what  purpose  it  was  made ;  the  rery  mean- 
ing seems  to  be,  that  the  exceptions  of  the 
counsel  for  the  prisoner  might  be  of  prejudice 
to  the  king ;  and  therefore  it  says  ailer  the 
king's  evidence  given,  and  the  fact  discovered, 
no  such  exceptions  shall  be  mode :  therefore 
we  must  make  it  l>eVore  the  evidence  gi^-en, 
otherwise  this  Act  of  parliament,  that  was  de- 
■igned  in  favour  of  the  prisoner,  will  jprove  a 
very  great  hardship  upon  him,  especially  in 
case  of  an  imperfect  indictment,  as  we  appre- 
hend this  is,  and  he  will  be  in  a  worse  condition 
than  ever  he  was  ;  he  must  take  his  exceptions 
now  or  not  at  all.  The  act  says,  he  is  not  to 
take  it  after  evidence  given  ;  and  by  construc- 
tion the  kind's  counsel  would  have  it,  tliat  he 
should  not  give  it  before :  and  consequeDtlj  he 
lias  no  time  at  all  to  give  it. 

L.  C.  J.  Have  not  you  had  time  to  do  it  be- 
fore now,  sir  Bartholomew  Shower?  Cer- 
tainly you  had.  Yon  had  time  thb  day  seven- 
night,  when  you  were  arraigned ;  you  have 
had  vour  opportunity  if  you  vrauld  have  taken 
it ;  the  jury  are  now  charged,  the  indictment  is 
opened,  they  have  been  told  what  they  are  to 
enquire  of,  and  now  you  would  break  in  and 
take  exceptions  to  the  indictment. 

Sir  B.  Shoacr.  My  lord,  this  is  a  new  act  of 
parliament,  it  says  we  shall  take  our  exceiitions 
before  the  evidence  given ;  which  we  take  it,  is 
any  time  liofore  the  evidence  given;  and  if 
your  lordship  will  not  allow  us  to  do  it  now,  it 
may  be,  we  may  lose  the  benefit  of  it  absolutely. 

Z.  C  J.  It  is  one  question  whether  we  shall 
allow  it  or  no ;  and  another  question  whether 
you  can  claim  it  or  no :  certainly  it  is  an  irre- 
gular notioD,  and  the  likeof  it  wu  neier  eiler- 


ed  in  any  case  before,  be  it  criminal  or  civil 
for  if  it  be  a  criminal  case  that  is  not  felony  o 
treason,  when  the  issue  comes  to  trial  upon  ai 
indictment,  did  you  ever  know  any  exoe|Mioi 
taken  to  the  indictment  afler  the  jury  wcv 
cliHrged  ?  Certainly  it  is  contrary  to  an  prae 
tice ;  and  it  is  not  fair,  the  court  is  not  «d 
flealt  with ;  you  have  had  an  opportanity  be 
fore,  and  will  you  now  put  tlie  court  and  thi 
jury  to  Ko  great  deal  of  trouble,  to  stay  till  tb 
jury  be  called  ovrr?  The  prisoner  called  lo  -ki 
chaliciiiircs,  he  has  challenged  thirty -four,  th 
jury  is  sworn,  the  indictment  is  read  to  i ' 
the  charge  given  ihem,  the  connsel  have  i 
ed  the  indictment;  and  now  when  the  hm 
is  only  to  try  the  issue  with  which  the  jury  an 
charged,  you  come  to  turn  us  quite  round,  bg 
taking  exceptions  to  the  indictment. 

Mr.  Vhipp$,  My  lord,  we  take  it  the  M 
gives  lis  this  time  to  do  it  in. 

X.  C.  J.  You  know  you  had  another  tim 
more  proper  to  do  it  in. 

Mr.  Phipps.  My  lord,  if  we  have  not  tin 
now ;  then  this  clause  with  humble  snbmiMsii 
signifies  nothing  at  all. 

£.  C.  J.  The  clause  was  made  in  thiiM 
pect,  to  your  disadvantage,  because  you  ahiMl 
nave  a  copy  of  the  indictment,  whereby  JMJ 
might  have  an  opportunity  to  advise  with  OOH- 
•el,  that  they  might  instruct  you  how  to  jMj 
and  to  take  any  manner  of  exception  MM 
plea  pleaded,  it  ought  to  be  before  the  tridi  M 
now  because  of  tliis  advantage,  it  nrovidei  Ari 
you  shall  take  vour  exceptions  before  the  M^ 
and  not  move  Uiem  in  arrest  of  judgment,  Ai 
is  the  meaning  of  the  act. 

Mr.  Phipps.  Then,  my  lonl,  there  needed  n 
time  at  all  to  be  mentioned  in  the  act,  but  hail 
left  It  at  ft  was  at  common  law. 

JL  C.  X  Yes,  yes,  there  did  need  a  time,! 
be  limited ;  for  this  clause  was  made  1  lay  i 
yoor  disadvantage,  in  depriving  the  priaonerc 
the  benefit  of  such  kind  of  exceptions  in  arm 
of  judgment,  because  of  the  advantage  tin 
was  given  in  the  fbrmer  part  of  the  act,  wb€f 
yon  had  time  nven  you  to  make,  your  eseq 
tions,  for  which  end  you  are  to  have  a  copy  I 
the  indictment  five  days  before  you  are  calledl 
plead. 

Sir  B.  Shfmer,  We  could  not  come  beftn 
my  lord,  as  we  apprehend,  because  the  moii 
of  tlie  act  are  "  berore  evklence  given." 

L.  C.  J.  But  I  tell  you,  this  clause  watai 
foryonr  benefit,  hut  for  your  disadvantage. 

w  B.  Sh9uer,  My  lord,  what  wc  press  ann 
firom  the  very  words  of  the  act  of  purliament, 
the  meaning  of  the  law -makers  was  ais  fl 
king's  counsel  now  contend  to  have  it ;  dn 
would  never  have  used  those  words  **  beAl 
evidence  gi\en  in  open  court,"  but  haveia 
they  should  have  had  no  advantage  of  the  Ca 
ception,  unless  it  were  before  plea  pleaded: 
does  not  say  it  shall  be  uf^er  the  verdict,  or  v 
fore  the  verdict,  but  l>efore  the  e\'idenee  givci 
now  if  they  had  meant  what  these  genUeiM 
say,  they  would  have  appointed  it  to  be  bcAi 
the  Terdicti  which  would  have  included  d 


Jw  High  T^-eoiOH. 

ituam  then  it  had  been  like  the  penning 
•cfi  of  parliament,  the  statutes  of  Jeo- 
d  the  like,  whicb  saj,  that  after  a  ver- 
ih  and  such  exceptions  shall  not  arrest 
cot :  but  if  they  can  shew  me  any  sta- 
:  is  penned  like  this,  they  give  me  an 
all  those  statutes  are,  that  no  judg- 
all  be  arrested  or  delayed  upon  such 
exceptions  after  a  Terdict :  but  here  it 
ly  sball  not  arrest  judgment,  unless 
ptioD  be  taken  before  evidence  given  in 
irt.  My  loni,  we  submit  it  to  you,  we 
9  law-niakers  did  intend  somewhat  by 
ticalar  way  of  expression,  different 
olber  acts  of  parliament ;  and  truly  if 
as  we  offer  to  your  lordship,  wc  think 
ive  no  meaning  at  all.- 
ren.  Truly,  my  lord,  we  think  it  is 
in  what  the  pariiament  meant,  by  this 
B  ibis  act ;  the  design  was,  to  restrain 
ner  froan  moving  in  arrest  of  judgment, 
•pelUurr,  or  false  Latin,  or  little  matters 
if  he  did  not  move  it  in  a  proper  time, 
udi  a  liberty  allowed  him,  as  to  have  a 
the  indictment  sa  many  days  betbre 
ompelled  to  plead :  they  insist  upon  it, 
words  are,  belorc  evidence  given ;  it  is 
what  can  be  the  meaning  ot  that?  It 
at  such  time  as  the  law  allows ;  it  is 
dog  a  new  method  of  trial ;  you  Aall 
vpiion  before  the  evidence,  that  is,  be- 
trial,  for  it  can  never  be  intended,  that 
not  to  alter  the  course,  and  let  the 
bl«ak  in  between  the  timeof  the  jury's 
som,  and  the  evidence  given ;  that  by 
oald  ever  have  been  done  before. 
.  Skimer.  Pny,  Mr.  Attorney,  when 
«■  have  us  do  it? 

Gen.  R^iilarly  before  plea  pleaded,  at 
se  before  tlie  jury  be  sworn. 
/.  Undoubtedly  this  is  not  regular,  it 
vy  to  all  the  course  of  practice,  it  is 
dealiog  with  the  court.  But  tlien  there 
wr  consideratioB  in  the  case,  that  I 
lave  you  think  upon:  if  so  be  tlus  had 
a  trial  by  Niti  Priut,  then  the  judge  of 
"tatf  is  only  to  try  the  issue ;  but  now 
e  very  record  is  before  us,  and  we  are 
if  the  record,  as  well  as  we  are  to  asist 
f  in  trying  the  issue.  Now  take  it  in 
ler  case  of  the  like  nature ;  suppose  a 
Ihe  bar  in  any  civil  cause,  though  this 
wry  to  practice,  and  the  court  not  fairly 
(tb,  vet  when  we  have  the  record  before 
fina  an  error  in  the  record,  cannot  we 
be  indictment  and  discharge  the  jury  ? 
the  question,  Mr.  Attorney,  though  I 
Dttfcas,  I  do  not  know  that  it  has  been 
Me. 

Gem.  No,  my  lord,  in  a  case  of  treason, 
ibc  jury  are  once  charged,  they  are  to 
rvdict,  they  must  either  acquit  or  con* 

L  Mower.    It  was  done  in  Whitebread's 


ifiL  7,  f.  311  of,  thii  Colkctwn. 


A.  D.  1696.  [166 

Att.  Gen.  But  I  know  what  has  been  usu- 
ally thought  in  that  case,  and  1  believe  they 
cannot  shew  me  another. 

L.  C.  J.  Nay,  that  this  is  a  very  irregular 
motion,  is  very  plain. 

Sol.  Gen.  Certainly,  my  lord,  you  must 
take  it  as  the  Uw  was  before  this  act,  for  this 
clause  does  nothing  for  the  prisoner,  but  is 
against  him. 

L.  C.  J.  I  know  it  is  not  for  the  advanta^ 
of  the  prisoner,  therefore  I  put  it  as  a  case  in 
an  action,  or  an  indictment,  as  the  law  was 
before,  whether  this  being  a  trial  in  the  same 
court  where  the  indictment  was  found,  and  we 
find  an  insufficiency  in  the  record  before  us, 
whether  we  cannot  quash  the  indictment? 

Sol.  Gen.  Your  lordship  mentions  civil  ac* 
tions  ;  with  submission,  nothing  of  that  kind 
could  .be  doiieafler^oncethe  cause  came  to  trial, 
but  in  criminal  causes  accordinfi^  to  the  course 
of  practice,  which  will  always  be  the  law  till 
|Mu-ticular1y  altered  ;  I  believe  nobody  can  pre- 
tend that  after  issue  joined,  and  a  jury  charged, 
any  one  can  move  to  quash  the  indictmeDt,  I 
think  I  have  heard  it  often  said  in  this  court, 
that  in  capital  cases,  as  high-treason,  you  may 
put  in  a  plea  in  abatement  of,  but  not  a  motion 
to  quash  an  indictment;  1  am  sure  it  was 
disallowed  where  I  moved  to  quash  an  in- 
dictment of  murder,  let  them  but  show  any 
precedent  of  this  nature. 

Sir  B.  ShotDer.  We  will  show  you,  though 
this  is  the  first  case  upon  this  act  of  parliament, 
therefore  to  show  any  practice  upon  it  would 
be  very  hard  to  require  of  ns. 

L.  C.  J.  But  can  you  show  it  before  this 
clause  in  this  act  of  parliament  ?  whicb,  as  I 
told  you,  is  not  for  your  advantage ;  it  does 
not  ^ve  that  liberty  that  you  desire. 

Sir  B.  Shower.  All  the  clauses  in  this  act 
of  parliament  showed  their  intention  was 
this,  that  the  sense  of  the  law- makers  was^ 
that  we  should  have  this  liberty  at  any 
time  before  evidence  given,  for  it  there  lie 
such  words  as  showed  they  thought  it 
might  be  quashed  at  any  time,  though  they 
were  mistaken  in  the  practice,  yet  we  shall 
have  the  liberty  that  they  intended  us ;  and 
the  wording  of  this  act  shows,  that  the  parlia- 
ment thought  it  might  be  done  alter  tlie  trial 
begun,  before  evidence  given,  because  they 
restrain  us  from  taking  those  exceptions  after 
the  evidence  G^ven  ;  and  it  is  no  prejudice  to 
the  king  at  all  really,  it  is  rather  for  the  ad- 
vantage of  the  prosecution,  because  there  is 
none  of  the  evidence  disclosed,  and  therefore 
if  the  indictment  should  be  found  faulty,  still 
the  evidence  remains  undiscovered  upon  ano- 
ther indictment ;  and  1  have  often  heard  It 
said  at  this  bar  in  cases  of  indictments  for  fe- 
lony or  treason,  as  murder,  or  tlie  like ;  if  any 
one  did  come  as  amicus  curiae  and  acquaint- 
ed the  court,  that  they  were  ^iiig  to  proceed 
upon  an  erroneous  record,  or  give  an  erroneous 
judgment,  or  do  any  other  erroneous  act,  he 
ought  to  be  received  with  kindness,  because 
he  would  prevent  a  wrong  doing. 


l&T] 


8  WILLIAM  UL 


Trial  qf  Ambrose  Rookwood^ 


[UB 


L.  C.  J.  Tliftt  is  ID  the  proper  time,  not  to  i  or  aoy  such  notorious  crime,  till  after'  the  lad 


interrupt  the  trial  when  thcjiiry  is  once  sworn. 
p  Sir  B,  S/iOicer,  We  are  rcaily  to  oflTer  our  ex- 
ceptlons,  and  we  ho|u:  it  is  no  preiudice  at  all  to 
the  kin^;^  before  the  evidence  of  tuetact  isf^iven. 

Air.  Fhipps.  My  lord,  I  perceive  that  this 
clause,  as  they  w  oiild  have  it,  is  iutended  to 
prevent  us  from  moving  that  in  arrest  of  judge- 
ment, which  we  could  have  moved  l»efore,  aud 
ties  us  up  to  do  it  betbre  evidence  given ;  now 
I  would  fain  know,  if  we  could  not  before  this 
act  move  in  arrest  of  judgment  for  mis-spel- 
lingf,  or  false  LsUin,  or  improper  Latin. 

^U.  Cim,  You  mi^ht,  no  doubt  of  it. 

Mr.  Fhipps.    They  say    we  might ;    why 
then,  if  we  could  have  a  'time  to  move  it  af>er  i  time,  that  then  they  should  take  their 
the  verdict,  aud  that  lime  is  abridgeil  hy  the  '.  tion  and  no  other  time :   The  act  has  only  Hi 
act  of  parliament,  which  directs  that  it  shall  |  a  bound,  that  ihey  shall  not  do  it  afterwurii  | 

but  as  to  the  particular  time,  it  is  left  as  it  1MI 


determined. 

L.  C.  J.  No,  we  were  always  of  that  «|pi- 
nion,  never  to  allow  motions  to  quash  indict- 
raents  for  perjury,  murder,  or  any  great  of- 
ience,  but  it  must  be  moved  in  arrest  of  judfi 
ment  afterwards. 

Mr.  Cowper.  My  k>rd,  these  geatlciMi 
seem  to  beg  the  question  u|»on  this  ad  of  ysr 
liament,  as  if  it  had  apiiointed  this  lo  be  thi 
time  of  making  exceptions  to  the  indictaMBLj 
the  act  of  parliament  does  not  say  yon  ah4 
make  your  exception  immediately^  Mibre  tiM 
evidence  given  in  open  court,  as  if  it  had  fumtk 
ed  out  and  directed  to  them  that  partieahi 


be  before  evideuce  given  in  open  court,  surr; 
we  may  take  any  time  befto'c  the  evidence 

SVen,  aud  shall  not  be  restrained  further  than 
e  letter  of  the  law  has  restrained  us ;  for 
this  act  was  intended  for  the  benefit  of  the  sub- 
ject, and  ought  to  be  construed  as  much  in  their 
favour  as  the  letter  of  it  will  permit. 

Ml  Cen.  No  doubt  of  it,  it  is  to  be  done 
before  evidence  given :  but  the  question  is,  at 
what  time  it  must  l>e  l)cfore  the  evidence  given, 
whether  it  must  not  be  at  such  time  as  by  the 
course  of  practice  and  usage  of  the  law  it 
should  ha\  e  been  done  before  ;  if  you  will  sa- 
tisfy my  lord  and  the  court  that  ever  such  an 
exception  was  taken,  or  an  indictment  quashed 
between  the  swearing  of  the  jury  and  the  giving 
the  evidence,  ye  say  something ;  but  1  be- 
lieve not  one  instance  of  tliat  nature  can  lie 
given,  and  therefore  it  is  very  irregular  for 
lem  to  do  it. 

L.  C.  J.  They  do  not  pretend  to  it,  for  aughl 
I  bear,  for  1  would  put  tnem  upon  it,  to  show 
ine  whether  they  could  do  it  before. 

Sir  B.  Shou'tr,  I  do  not  question,  my  lord, 
but  it  might  be,  with  submission. 

Mr.  Conifers,  Did  you  ever  know  it  before 
that  any  one  undertotlk  to  inform  the  court  as 
amictu  curids^  but  it  was  to  prevent  a  wrong 
judgment  ?  And  for  that  you  have  your  pro- 
per  time  either  before  plea  pleaded  by  motion 
to  quash  the  indictment,  or  after  \erdict  to  ar- 
riist  a  judgment ;  this  act  of  parliament  han 
restrained  you  in  particular  instances  that  are 
mentioned  from  doing  it  after  verdict  in  arrest 
of  judgment;  but  having  given  you  a  copy 
of  the  mdictment  before  you  pleaded,  ^ou  have 
had  a  pro|>er  time  to  make  these  exceptions ; 
and  if  you  have  laiiscd  your  time  you  come  too 
late  to  do  it  now,  for  sure  nobody  eicr  made  a 
motion  to  quash  an  indictment  atter  issue  join- 
iBd,  and  the  jury  sworn. 

Sol.  Gen.  My  lord,  I  would  only  mention 
one  case,  and  that  was  of  sir  Richard  Mausell, 
upon  an  indictment  of  murder,  for  killing  the 
apothecary  in  llolborn ;  I  dicl  myself  move 
to  quash  the  indictment,  because  it  was  not 
expressed  in  what  year  of  the  king  the  fact 
was  done:  but  the  court  was  of  opinion  we 
iould  not  move  to  ^ua^h  an  indictment  for  that. 


before  to  the  nyular  course  and  method  of  piti 
ceediiigs,  which  is  before  plea  pleaded.  < 


Mr.  Fhipps.  My  lord,  they  do  not  aDMNi 
my  objection ;  it  is,  it  seems,  a  restriction  sf -| 
liberty  that  we  had  before  of  moving  in  aili4 
of  judgment ;  if  so,  we  ought  not  to  bo  it> 
strained  further  than  we  are  by  the  words  of  Ikl 
act  of  parliament,  which  say,  before  evidsM| 
given,  that  is,  at  any  time  before  evklenoegirMi 
as  well  aiiev  as  betore  plea  pleaded. 

Sir  B.  Shoicer.  I  would  sak  these  gentls— j 
whether  the  law-makers  intend«l  that  m 
should  have  no  advantage  of  excepting  agSBII 
false  spelling  aud  improper  Latin  ? 

BIr.  Conifers,  Yes,  they  did,  but  that }« 
should  do  in  your  profier  time. 

8ir  B.  Skotcer,  Then  the  time  for  doiag  1 
must  be  that  whieh  the  wonls  of  the  law  i^i 
before  the  evidence  given  in  open  court,  SM 
that  is  now. 

Mr.  Coni/er$.  No,  you  might  have  come  i 
the  day  of  arraignment,  and  have  taken  the  ad 
vantage  of  it  then  before  you  had  pleaded. 

L.  C.  J.  Ye  hare  had  my  opmion  whsft  ] 
think  of  it,  my  lords  and  brothers,  I  auppan 
will  tell  you  theirs. 

L.  C.  J.  Trebi/,  My  Lord  Chief  Justice  hi 
delivered  his  opinion' in  this  matter,  and  b 
thinks  fit  that  we  slM>uld  deliver  oura.  I  thid 
this  motion  of  the  prisoner's  counsel  to  quad 
this  indictment  after  the  jury  sworn,  is  iii« 
(j'ular  and  (juite  out  of  season  ;  the  intent  I 
tliis  clause  ui  this  act  of  parliament,  certaiil 
was  not  in  favour  of  the  prissoner  ;  it  abridgsll 
him  of  a  liberty  he  hail  la'fore,  but  gives  Ui 
nothing:  for  the  law-makers  did  think tba; 
had  given  the  prisoner  an  extraordinary  fovM 
in  the  foregoing  part  of  the  act,  in  giving  hii 
a  copy  of  tlie  indictment  five  days^  before  h 
should  plead,  aud  a  copy  of  the  pannel  twodaj 
before  he  should  be  trietl,  and  allowing  hn 
counsel :  and  all  these  advantages  were  I 
enable  him  to  auash  the  indictment,  or  fl 
process  returned,  for  the  clause  extends  I 
both ;  the  words  are,  **  That  no  indictment  M 
process  or  return  thereupon,  shall  bcqumhi 
on  the  motion  of  the  prisoner  or  his  counsel  fi 
mii-writing,  mis-spelling,  false  or  impinp 


fit  High  Treoion. 

ilm  eareqitioD  concerning' the  same  be 
dJ  made  in  the  respective  coart  where 
al  shall  be  by  the  prisoner  or  his  coun- 
rami  bcffire  any  eridencc  £fi?en  in  open 
lon  siich  indictment,  norsiial)  any  such 
Kin£r,  &c.  after  conviction  be  any  canse 
ladgment :"  Tlierefore  they  made  this 
tioary  profision  to  restrain  the  pri- 
n  part,  by  this  clanse;  as  much  as  to 
have  m  advantage  of  the  copy  of  the 
9ity  and  you  may  make  use  of  that  to 
by  motion,  if  you  think  fit,  as  you  ma^ 
I  process*  but  it  shall  be  *  beforo  evi- 
ivcu.*  It  is  true,  those  are  the  words, 
osinir  that  term,  viz.  *  quashing'  such 
eot  or  process,  shows  it  must  be  done 
a  way  and  time  as  is  proper  for  quash - 
d  the  very  words  are,  that  it  shall  be 
scion.  Now  we  are  to  ex|H>nnd  those 
And  1  say,  a  motion  to  quash  an  in- 
ty  mast  be'  understood  a  motion  in  the 
aeasoo,  which  I  think  is  before  plea 
;  hut  at  least  before  the  jury  is  sworn. 
iere  three  times  when  the  prisoner 
ia%e  had  the  advantage  of  a  fault  in  the 
ait  before  this  act.  1.  By  motion  to 
before  plea  pleade«l.  8.  Then  af^er- 
I  arrest  of  judgment :  and  3.  Af\er  that 
of  error.  Now  this  clause  of  this  act 
ray  the  privilege  of  moving  in  arrest  of 
Bt  for  mis-writing,  &c.  but  saves  the 
ge  upon  a  writ  of  error,  and  upon  a 
to  quash  the  indictment.  We  are  to 
r  what  is  a  proper  time  for  a  motion  to 
■  indictment;  the  motion  is  to  be  made  to 
1  and  to  them  alone.  It  is  not  to  be  made 
ovrt  and  the  jury.  When  the  jury  is 
il  application  is  to  be  made  to  the  court 
■g  a  jary  prevent  which  they  are  to  as- 
tW  trial  and  determination  of  the  fact 
I'bat  use  then  is  there  of  the  jury,  when 
ie  this  motion,  which  consists  only  in 
flaw?  They  mustbtand  by  and  i>e*out 
*  all  the  while  this  motion  is  makiiij^ : 
I  n«>t  reasonable,  nor  certainly  ever  was 
d,  that  af\er  a  jnry  is  sworn  to  try  a 
nf  fact,  they  should  stand  idle  while  you 
Ihitt^  which  you  should  have  moved 
they  came  to  the  bar:  suppose  you 
DOW  move  some  exception  to  tlie  Venire, 
trstnrn  tliereupon,  should  we,  when  we 
•V  also  have  admitted  the  jury  to  be 
quash  the  process  whereby  they  are  re- 
f  And  yet  we  may  as  well  do  that  as 
For,  Uie  act  provides  in  the  very  KSine 
sofH-eming  quashing  process  and  indict* 
But  wIkd  the  jury  is  sviorn,  and 
o  receive  their  evidence,  sure,  then  it  is 
ill  seamn  to  make  such  a  motion  ;  there- 
do  not  think  the  pariiament  intended  by 
ia«e  (which  was  a  kiml  of  exception  to 
uar  the  prisoner  received  by  having^  the 
fthf!  indictmeni)  to  institute  a  new  me- 
'  proceeiliD|(s  fur  motions  to  quash  in- 
nls,  even  when  a  jury  is  at  the  bar  and 
!•  try  the  issue,  and  there  is  nothing 
ID  ht  prpcodad  upooi  but  ODly  to  bear 


A.  D.  1696.  [170 

the  evidence  produced  for  the  proof  of  that 
issue,  till  the  jury  b  dischargeii.  But  still 
this  I  would  say,  this  is  a  new  case,  and 
upon  a  new  statute.  I  am  tmly  of  opinion, 
that  the  motion  is  altogether  unseasonable 
and  irregular,  and  it  should  have  been 
made  before,  and  j^ou  had  a  full  oppor* 
tunity  to  make  it  this  day  seven -nif^ht  before 

Elea  pleaded,  and  you  might  likewise  to  day 
efore  the  jury  was  sworn  ;  therefore  when  the 
jury  are  now  at  the  bar  actually  entered  into, 
and  employed  u|>on  the  service,  the  court 
ought  not  to  lie  interrupted  by  such  a  motion. 
Yet  nevertheless  1  would  propound  this,  that, 
seeinj(  it  is  a  new  case  and  uiK>n  a  new  statute, 
the  court  would  forgive  the  irreg^nlarity,  ^fur  1 
think  it  does  need  forgivcn(.f)s)  and  if  the  king's 
counsel  will  consent  to  it  (to  prevent  any  error 
or  any  pretence  of  hardship  u|k>u  a  new  law) 
that  we  should  hear  thf  ir  exceptions. 

L.  C.  Baron.  (Sir  Edward  Ward).  This  act 
of  parliament,  as  it  has  given  a  benefit  to  the 
prisoner  that  he  had  not  before,  in  allowing  him 
a  copy  of  his  indictment,  in  order  to  his  making 
exceptions  ;  so  it  has  restrained  him  as  to  the 
time  of  makin<^  those  exceptions :  that  he  should 
have  time,  there  is  no  doubt:  the  time  limited 
for  it,  as  this  act  says,  must  be  before  evidence 
given,  because  they  th<iught  it  unreasonable  that 
there  should  be  any  qiiasinng  of  the  indictment 
after  such  time  as*the  king  had  given  any  evi- 
dence whatsoever  in  the  case  ;  for  that  would 
be  a  discf  ivory  of  the  king's  evidence,  and  great 
inconveniences  would  ensue  thereupon  ;  but 
the  questiim  is  at  what  time  this  is  to  be  done ; 
whether  it  may  be  at  any  time  hefbre  evidence 
gfiven  or  no  ;  it  did  intend  surely  that  the  mo« 
tion  to  quash  the  imliclniout  and  the  exceptions 
to  it  mi^rlit  have  their  proper  effect,  and  that 
must  be  before  the  trial ;  for  it  was  not  the  in* 
tent  of  the  act  to  alter  the  metlio<l  of  proceed- 
ings, and  it  is  to  no  purpose  af^er  the  jury  is 
sworn,  for  then  their  proper  office  is  to  deter- 
mine the  fact ;  now  if  before  this  act  of  parlia- 
ment it  never  was  allowed  to  take  any  such  ex- 
ception as  this  after  the  jnry  sworn,  it  will  be 
consistent  with  the  words  of  the  act  of  pariia- 
ment, which  are,  *  That  it  shall  be  done  before 
*  evidence  given*:  if  then  it  be  in  the  regular 
time  for  motions,  which  is  before  plea  pleaded 
or  jury  sworn,  that  is,  before  evidence  given  ; 
for  it  is  not  said,  as  Mr.  Cow  per  observed,  that 
it  should  be  immediately  before  the  evidence 
given,  I  think  sure  such  an  exposition  as  was 
Ibrmerly  made  ought  to  he  made  in  this  case, 
the  time  not  being  precisely  fixed  by  this  act ; 
if  there  were  a  certain  time  determined  when 
men  should  take  their  exceptions,  as  we  know 
it  has  been  in  practice  before  issue  joined,  then 
af^er  the  jury  is  sworn  it  is  an  improper  time 
then,  I  think,  to  make  such  exceptions :  I  do 
not  suppose  this  act,  as  to  the  method  of  pro^ 
ceedings ,  than  it  was  liefoi-e,  but  this  ex- 
ception ought  to  be  taken  before  plea  pleaded  : 
tmly  it  is  a  new  act  of  parlinment,  and  this  is  so 
far  within  the  words  of  the  act  that  it  is  before 
evidence  given,  as  the  couiwel  for  the  prisoner 


171] 


8  WILLIAM  III. 


Trial  ^Amiroie  Raohoaod^ 


[17J 


say.  If  this  can  be  governed  and  ruled  by 
proceediog^  and  pracUce  in  former  timtis  in 
cases  not  of  feloay  or  treason,  but  oaly  in  cri- 
minal cases :  If  nobody  should  suifer  bv  any 
interpretation,  I  should  think  it  oujjrht  to  bear  a 
conformable  construction  to  what  the  practice 
"Was  before.  1  lake  it  you  have  lost  the  re^lar 
time  for  makings  your  exception,  and  you  iiifert 
the  whole  method  of  proceedings  u|>on  trials : 
for  to  what  purpose  is  it  to  take  exceptions  to 
quash  the  indictment  when  the  jury  are  once 
char^^d  with  it  ?  If  it  be  an  indictment  that 
ought  to  be  quaslied,  the  jury  ought  not  to  lie 
cliarged,  3'ou  have  had  two  times,  and  they  are 
both  of  them  elapsed,  for  this  matter,  that  is,  at 
the  arraitjrnineut,  and  before  the  jury  sworn; 
yet  I  woiild  propose  it  to  the  kind's  counsel  as 
my  lord  chief  justice  of  the  common  pleas 
has  done,  it  being  a  new  case,  that  it  sliould  be 
better  considered  of  and  agi-eed  upon,  that  in 
these  cases  we  mav  cro  on  upon  a  certain  rule 
that  it  may  be  established  for  all  time  to  come. 

Just  Nevilr.  1  would  begin  with  the  pro- 
posal, because,  I  believe,  I  may  not  he  so  clear 
m  my  opinion,  otherwise  I  must  df^Iiver  my 
thoughts  according  to  my  judgment,  but  1 
ivould  have  tlie  king's  counsel  consider  of  the 
proposal. 

Att,  Gen,  My  lord,  for  us  to  consent  to  that 
in  such  a  case  as  this,  where  the  court  thinks  it 
not  regular,  would  be  pretty  hard  to  desire  of 
us;  if  any  thing  of  advantage  should  happen 
on  the  other  side,  I  verily  think  the  counsel  for 
the  prisoner  will  notl>e  so  ready  to  consent  to 
wave  any  such  advantage,  nor  am  I  for  asking 
them  to  do  it ;  this  clause  goes  only  to  some 
faults  in  the  indictment ;  mis-spelhng,  mis- 
writing,  false  and  improper  Latin,  that  is  all  that 
they  are  restrained  from  moving  in  arrest  of 
judgment ;  any  thing  else,  any  uncertainty  or 
other  matter,  that  is  not  compi-ehcnded  under 
these  particulars,  they  may  take  advantage  of 
to  move  in  sluy  of  jads;tnent  at'ur  u  verdict ; 
this  clause  does  only  abridge  them  from  moving 
in  arrest  of  judgment  for  ums- writing,  mis-spel- 
ling, false  or  improper  Latin  ;  therefore  ii' your 
lordship  should  think  it  reasonable  we  should 
consent  to  let  them  in  to  make  any  exception 
now,  it  must  be  confined  to  those  particular  ob- 
jections of  false  and  improper  Latin,  there  can 
be  no  colour  to  make  the  liberty  larger,  because 
for  any  thing  else  thev  are  not  restrained  from 
moving  it  in  arrest  of  judgment,  for  there  can 
be  no  hardship  in  that  case,  as  I  think,  they 
have  no  reason  to  complain  that  there  has  been 
in  «ny  other  |mrt  of  the  case;  but  for  thase 
particulars  that  there  may  he  no  complaiut  of 
nardship,  if  your  lordship  thinks  it  reasonable 
we  should  consent,  it  may  be  we  may  be  pre- 
vailed upon  to  do  it,  though  whatever  hardship 
does  liap|)en  it  is  their  own  fault,  and  the  pri- 
soner may  thank  his  own  counsel  for  that  hard- 
ship :  if  we  assist  them  now  to  let  them  in,  it 
ouj^ht  to  be  taken  as  «  ff i*^'  kindness ;  and 
truly,  my  lord,  1  am  unwiiling  to  do  any  thing 
that  your  lordship  and  the  court  should  think 
bard  open  the  pnaoner.    Certainly  it  ia  the 


ftult  of  their  own  oounael,  now  the  law  baa  al 
lowed  the  prisoner  oonoadi,  not  to  take  tb 
proper  time,  and  parsue  the  naual  piaihodi 
and  it  is  a  strain  beyond  what  ia  iiraal,  that  w 
must  help  theur  faults  by  oar  consent ;  howeva 
if  the  court  think  it  reasonable,  I  shall  not  hi 
against  it,  but  then  I  am  sure  the  court  w|] 
tiuce  care  they  shall  be  confined  to  thoae  parti 
culars  that  are  mentioned  in  the  act. 

X.  C,J.  No  doubt  of  it:  Therefora  air  Bai 
thobmew  Shower,  are  your  exoeptiona  for  am 
spelling,  mis- writing,  or  false  or  impiepi 
Latin  f  for  if  th^y  he  such  things  as  yoo  nun 
move  in  arrest  of  judgment  and  hare  thaiai 
vantage,  then  there  is  no  colour  that  we  ibonh 
break  through  all  the  rules  of  prooeedii^grl 
admit  such  an  irreguUir  motion  aa  this. 

Sir  B.  Shower.  My  lord,  in  the  caae  of  lb 
life  of  a  man  I  will  not  take  upon  me  to  ag 
what  is  mis-spelling,  mis- writing,  or  fidie  f| 
improper  I.Atin,  or  what  is  substantial ;  .bol  d 
that  I  say  is,  I  have  five  exceptions,  ereiy  ev 
of  them  imports  a  doubt,  as  I  take  it,  wortly 
the  consideration  of  the  court,  and  some  of  ihgl 
effectual  enough  to  quash  the  indictmeni ;  bri 
for  me,  when  a  man's  life  is  at  stake,  and  J 
partly  depends  upon  me  as  his  counsel,  te  ■■ 
what  is  pro|ier  or  improper  Latin,  or  toadauH 
to  be  matter  of  substance,  and  then  to-monei 
to  have  it  come  and  told  me,  you  should  ban 
moved  this  to-day,  then  I  am  sure  they  wmH 
have  reason  to  say,  it  was  the  fault  of  tbe  pA 
soner's  counsel;  for  he  would  have  dMH 
very  ill  counsel,  in  me,  I  confess,  if  I  abod 
consent  to  put  any  such  disadvantage  apH 
him.  1  beg  the  favour  that  I  may  have  tbaJb 
berty  to  propose  my  objections,  which  I  thai 
are  worth  considering  of;  it  is  for  the  adfl» 
tage  of  the  king  for  us  to  take  our  exoeptiw 
all  together,  because,  else,  if  any  of  them  prM 
material,  the  trouble  of  the  trial  will  be  hi 
mispenceof  time. 

L.  C.  /.  No,  we  cannot  hear  all  yoor  ob 
jections,  but  those  that  are  mentioned  partiai 
larly  in  the  act  of  parliament !  for  such  as  Ml 
not  mentioned  in  Uie  clause,  you  have  a  pio 
per  time  to  move  them  in  arrest  of  judgmeoL 

Sir  B.  Shover.  Then  we  will  put  tfaw 
that  are  within  the  act. 

AU,  Gen.  If  we  do  any  thing  by  way  i 
consent  in  this  matter,  we  must  insist  upon  il 
that  they  lie  confined  to  the  particulars  intb 
Act ;  we  desire  they  may  0|>en  their  objeetiM 
to  the  court,  and  if  the  court  shall  think  thq 
are  properly  under  those  heads,  then  they  wa 
consider  ot  them,  if  the  court  he  ol*  anothi 
mind,  then  they  must  be  reserved  till  the  pie 
per  time. 

L,  C.  J.  Do  you  consent  then,  Mr.  Attorn^ 
that  they  shall  now  take  those  ezceptiona  tbo 
are  mentioned  in  theactof  imrliament  P 

AtL  Gen,  If  the  court  think  it  reaaonahl 
upon  those  terms,  1  do. 

Just.  Fawys,  Let  them  open  them  if  yea 
lordship  please,  and  let  us  keep  the  power  b 
our  own  hauda  to  do  aa  our  discretioni  ihal 
direct. 


fir  High  Treason. 

IVuty  I  do  not  know  -n^kether  we 
thing  in  thb  matter,  1  question 
ler  it  be  discretionary  in  os  to 
rh  ell  the  common  method  of  pro- 
admit  of  such  irregularities. 
reby»  1  bate  a  great  inclination  to 
lat  we  majr  get  rirl  of  these  pre- 
itions,  which  I  am  apt  to  think 
Yened,  disappoint  the  expectations 
raised  by  this  mentioning  them  in 
t  I  have  that  opinion  of  the  ability 
lection  of  the  counsel,  that  1  be- 
had  had  exceptions  sufficient  to 
lictment,  we  should  ha?e  heard  of 
le  more  nroper  than  this  now  be- 
rearin;;  the  jury  and  giving  evi- 
cro.  But,  possibly,  the  counsel 
t  to  make  an  essay,  and  try  what 
•tit  of  ihis  unusual  expression  in 

Vo,  DO,  1  know  tliis  is  a  piece  of 
oiirt  is  not  well  dealt  with  in  it. 
Treby,  Indeed  1  am  very  willing 
for  that  reason. 

look  apon  it  only  as  mere  trick, 
of  art  to  take  the  opinion  of  the 

trrr.  My  lord,  it  was  my  mistake 
take  it,  if  the  act  of  parliament 
otherwise,  they  woold  have  ex- 


A.  t>.  1696. 


[174 


oes  the  act  of  parliament  give  you 
tVy  and  a  greater  than  you  had 
It  not  deai^  to  abrid^  you  of  a 
oa  had  before  ?  Ortamly  it  never 
t  the  court  should  admit  of  any 
ceediugs. 

f//.  You  should  bare  timed  your 
r ;  for  certainly  now  the  jurr  is 

must  give  a  verdict  either  ofac- 
vietion ;  and  if  you  move  to  quash 
nt,  and  your  exceptions  are  ma- 
ry  cannot  proceed ;  you  see  what 
motion  has  brought  it  to,  'tis  cer- 
fity  irregular  motion. 
yehy.  What  judgment  would  you 
ire?  I  would  ask  you  that:  if 
on  were  moved  before  the  jury 

and  it  proved  material,  the  proper 
nv,  that  the  indictment  be  quash- 
r  they  are  sworn,  what  judgment 
re  ?  Must  we  not  expect  the  vcr- 
iry  first  upon  the  fact  ?  And  must 
e  judgment  upon  your  exception  P 
ouer.  I  know  not  whether  your 
r  not  give  judgment  first  to  quash 
at,  and  then  discharge  the  Jury. 
Freby.  And  what  if  we  do  not  find 
sh  it,  then  you  will  say,  we  must 
he  evidence,  as  we  were  going  be- 
rfering  ?  Are  we  to  be  doing  two 
ee?  I  am  pretty  certain  you  can 
precedent  for  any  like  proceedings 
it  is  confbuncung  the  offices  of 


i^"i7, 


p$.  If  your  lordships  tried  the  va- 
r  exoeptioDii  and  nnd  occasion  to 


quash  the  indictment,  there  wiH  be  no  need  of 
a  Jury.  ' 

L.  C.  J.  Upon  the  statute  of  Jeqfailes  in  a 
civil  cause,  supi>ose  at  a  trial  at  bar,  it  appears 
u|>on  the  face  of  the  declaradon,  that  there  is 
such  a  mistake  as  will  be  cured  by  the  verdict; 
bntifthe  party  had  demurred,  and  shown  it 
for  cause,  it  would  have  been  fatal.  Do  you 
think,  when  he  has  waved  the  benefit  of  de- 
murrer and  pleaded  to  issue,  that  you  slialt 
move  this  and  help  yourself  by  such  a  motbn^ 
becanse  it  will  be  helped  ai^er  a  verdict  ? 

Sir  B.  Shower,  It  this  act  had  been  worded 
as  that  Statute  of  Jerfaiiet  is,  it  may  be  we 
might  not. 

L,  C.  J.  Wh}',  it  is  not  said,  in  the  Statute 
of  Jeafailetf  that  it  shall  be  good  afler  issue 
joined,  before  the  jury  is  charged  or  sworn, 
but  that  it  shall  not  be  good  afler  the  verdict. 

Sir  B.  Shower,  It  is  before  the  evidence 
given. 

L,  C.  J,  Could  he  do  so  in  any  case  before 
this  act,  and  does  the  act  enlarge  your  libertyy 
or  abridge  it? 

L.  C.  J.  Treln/,  Sir  Bartholomew  Shower, 
you  iesist  upon  part  of  the  words  of  the  act  of 
parliament ;  it  suys,  No  indictment  or  process 
shall  be  ouashed  upon  the  motion  of  the  pri- 
soner or  nis  counsel,  unless  it  be  made  before 
any  evidence,  &c.  Now,  I  suppose,  the  par- 
liament use  that  expression,  *  upon  the  motion,* 
in  the  same  sense  as  it  is  useil  in  law,  viz.  for 
such  a  one  as  should  be  in  the  time  when  mo- 
tions for  quashing  the  indictments  are  proper- 
ly to  be  made ;  now,  when  is  that  ?  It  is  plain, 
it  was  always  before  the  jury  come  to  the  bar, 
nay  before  the  plea  of  the  party.  If  that  be 
the  proper  time  to  make  such  a  motion,  then 
that  expression  in  this  act  of  a  *  motion  to  quash 

*  the  indictment*  will  very  well  help  to  con- 
strue the  other  part  of  the  clause  that  you  in- 
sist upon :  For  if  the  motion  be  made  before 
plea  pleaded,  it  is  certainly  before  the  *  evi- 

*  dencc  civen*  in  your  sense.  And  1  conceive, 
that  under  that  expression  [evidence  givenj 
which  signifies  the  main  part,  the  parliament 
intended  to  comprehend  the  whole  proceeding 
to  trial,  beginning,  if  not  from  the  pleading 
Not  Guilty,  at  least,  from  the  Hwearing  the 
jury.  «  Before  evidence  given  in  court,'  may 
reasonably  be  expounded,  *  Before  the  prisoner 
«  hatli  fully  entered  into  that  contestation  of  the 

*  fact,  which  is  to  be  determined  only'  by  evi- 
dence in  court.  I  attended  the  court  of  Ring's 
Bench  a  long  time,  aiid  I  believe  that  1  have 
heard  it  said  a  hundred  times,  upon  motions  to 
quash  indictments  of  great  or  odious  offences : 
No,  try  it,  says  the  Court,  we  will  not  quash  it, 
plead  to  it,  let  the  fact  he  tried,  ynu  may  then 
move  it  in  arrest  of  judgment.  Those  expres- 
sions shewed  that  the  pro|)er  time  for  a  motiea 
to  quash  an  indictment  was  before  plea,  though 
they,  in  their  discretion,  would  not  grant  a 
motion  to  quash,  in  cases  of  such  great  offences. 
But  sure  they  did  not  think  that  when  a  jury 
came  to  the  bar,  it  was  a  tolerable  time  to  move 
to  quash  an  indictment ;  there  was  no  expecta- 


8  WILLIAM  m. 


176] 

tioD  of  lieariDg  of  jiucb  a  motion  then.  And 
certainly  this  clause  which  is  made  wholly 
against  the  prisoner,  sliould  not  be  construed 
to  help  him  to  sucli  a  new  extraordinary  and 
absurd  liberty. 

Sir  B.  Shower,  My  lord,  with  submissioa, 
that  practice  goes  upon  another  reason,  the 
court  would  not  quash  it  at  ail  u|)on  a  motion ; 
this  act  of  parliament  supposes  that  you  will 
quash  upon  a  motion  at  any  time  b^ore  e? i- 
dence  gk?en  :  We  never  heard  of  a  motion  to 
quash  an  indictment  for  felony  or  treason,  bat 
atill  the  court  would  always  say,  demur,  or 
plead,  or  move  in  arrest  of  judgment ;  but  by 
this  law  it  seems  the  sense  of  the  parliament 
was,  that  it  mi^lit  be  quash t  upon  a  motion. 

Sol.  Gen,  8ir  B.  Hhower  is  come  to  what  I 
said,  that  in  truth  there  is  no  such  thing  as 
quashing:  an  indictment  for  treason  or  felony, 
as  I  mentioned  in  sir  Rich.  Mansel's  case,  and 
I  think  the  rule  that  was  given  in  that  case 
will  serve  now  in  this  case ;  I  am  for  consent- 
ing, if  they  be  kept  i>itliin  the  limits  of  the  act 
of  parliament ;  but  I  must  desire  the  opinion 
of  the  court  before  we  do  consent. 

L.  C.  J.  Holt,  Aye^  aye,  Go  on,  brother 
Nevile. 

Just.  Nevife,  1  must  confess  I  cannot  but 
doubt,  as  this  act  is,  there  were  two  times  that 
tliey  bad  liberty  of  taking,  these  exceptions  to 
indictments;  but  indeed,  in  murder  and  treason 
they  were  sehlom  admitted,  till  they  came  to 
move  in  arrest  of  judgment;  but  still  there  was 
always  a  privilege,  and  a  time  given  to  the 
prisoner,  be  the  crime  what  it  would,  to  take 
that  advantage  which  the  law  ^ave  him,  to 
prevent  judgment  against  him.  Now  I  agree, 
It  is  irregular  and  unseasonable  to  offer  it  now, 
and  quite  different  from  all  former  practice; 
you  might  have  done  it  before  now,  the  act 
says  expressly  it  must  be  done  before  evidence ; 
but  you  might  have  taken  advantage  before  tlie 
jury  was  sworn,  nay  belbcs  you  had  pleaded, 
but  you  have  lapsed  your  time.  Yet  truly, 
notwithstanding  y<>"  ^^^'^  lapsed  your  time,  I 
cannot  satisfy-  myself  to  take  away  the  liberty 
that  the  law  has  given  the  prisoner  sometime 
or  other,  to  except  against  the  indictment.  It 
is  plain  that  before  this  act,  after  verdict  he 
might  have  moved  in  arrest  of  judgment,  now 
he  caunot  do  so ;  whether  the  tault  be  in  the 
counsel  1  cannot  tell,  but  the  great  prejudice  is 
to  the  person  that  is  to  be  tried,  who  will  now 
be  wholly  precluded  from  making  any  advan- 
tage of  the  exceptions  be  has  to  the  indictment, 
because  by  the  act  he  cannot  move  in  arrest  of 
judgment.  This  seems  a  strong  implication 
that  the  parliament  intended  he  must  hare  some 
time  or  other,  but  before  evidence  given,  to 
offer  his  exceptions.  I  say  this  only  to  those 
particular  things  that  are  mentioned  in  the  act, 
mis-writing,  mis  snelling,  false  or  improper 
Latin ;  as  to  these  four  particular  things  which 
the  party  is  barred  from  moving  in  arrest  of 
judgment,  I  cannot  satisfy  myself  but  that  he 
■hoald  have  one  time  or  another  to  take  thu 
advaatago  before  tho  c?  idence  giTOOi  mud  thera- 
8 


Trial  ofAmirose  Rookwoodf 

fore  I  think  he  should  haver  it  now :  It  ia 
it  is  altogether  irregular,  the  jury  being  ■ 
and  it  ought  to  have  boen  done  before ; 
hope  if  it  bo  admitted  now,  it  u  ill  be  witi 
observation,  that  nobody  wiiKever  offer  a. 
time  to  come.     An  tbia  case  is  before  u 
the  act  of  parliament,  which  perhaps  ma 
led  the  counsel  into  that  mistake,  that  it 
be  any  time  before  evidence  given,  ■ 
they  know  the  proper  time,  and  the  ■ 
method  in  other  cases ;  yet  I  doubt  it 
to  put  such  a  construction  upon  this  acfe 
sudden,  ^uite  to  debar  the  prisoner  of  M 
nefit  of  his  exceptions  to  the  indictmeoi. 

Just.  Powell.  I  have  already  dedaB 
opinion,  that  the  prisoner  has  had  bis 
time  for  making  his  exceptions,  but 
lapsed  that  time ;   but  1  am  not  mfnm 
motion  iu  a  case  of  life,  upon  ao  indiotnr 
so  great  a  crime  as  treason  is ;   and  wb4 
oonitequence  is  so  great,  if  it  may  <wdsxs 
the  rules  of  law,  and  it  be  the  sense^ 
court,  and  the  king's  counsel  conaaat 
them  be  heani,  I  submit  to  it,  nay  I 
second  or  third  that  motion  that  they  m 
heard. 

Just.  Eyres,  Truly  I  am  of  the  warn 
nion,  1  think  we  ought  not  to  alter  the  ti 
course  of  law  by  words  of  implication,  b 
any  further  than  the  act  of  parlianaent  doc 
press.  The  act  appoints  that  a  copy  of  d 
dictment  should  be  delivered  to  the  prison 
many  days  before,  to  enable  him  to  mtl 
exceptions,  and  therefore  deprives  him  i 
benefit  of  those  exceptions  af\er  convid 
arrest  of  judgment.  1  see  no  words  in  tl 
of  parliament  that  do  alter  the  coarse  of 
ceedings  as  to  this  matter,  from  what  it  i 
all  civil  and  criminal  causes  before ;  p 
must  take  their  advantage  of  excepting  ii 
proper  time,  but  when  it  comes  to  issiM 
next  thing  to  be  done  is  the  trial ;  and  ti 
must  needs  say  the  counsel  are  to  blame 
knew  this  so  very  well,  that  it'  they  bav< 
advantage  of  excepting,  they  did  not  tak 
advantage  sooner,  it  is  their  fault ;  but  i 
it  is  so,  I  am  of  opinion  not  to  foreclose  tfa 
soner,  as  the  case  stands.  I  would  be  1 
of  life,  but  at  the  same  time  I  declare  m; 
nion  upon  this  act  of  parliament  as  the  r 
my  brothers  have  done,  to  prevent  the  obj 
for  the  time  to  come ;  yet  seeing  there  i 
misfortuue,  and  there  would  be auardshif 
the  prisoner  by  the  default  and  neglect 
counsel  in  the  case  of  a  man's  life,  I  wo< 
so  tender  as  to  indulge  them  to  make  the 
jections  now. 

Mr.  Baron  Powyt.  I  am  of  the  same  •; 
the  prisoner  has  lapsed  his  time,  for  1 1 
this  clause  of  this  act  of  parliament  haa.D 
tered  the  common  course  of  proceedings  j 
I  take  it,  it  signifies  very  little  in  this  ca» 
certainly  it  was  intended  to  disable  the  pri 
and  not  enable  him  at  all ;  and  theielb 
the  case  is,  I  think  it  very  irregular  an 
practic^le  to  introduce  so  great  a  noTol 
to  admit  the  motion  forqaashing  thai 


in]  Jbr  High  Treason* 

■«i,«bnithejiii]r  k  twoni,  and  when  the 

Ad  iitke  ooljr  angle  pomt  to  be  detemiiaed, 

iiri  trciT  tUnpebe  ooj^  in  legal  course  to 

raatbm or  after,  but  for  us  to  contbund 

MM,  «•  lime  for  pleading,  another  time  for 

lriil,a<iMlber  for  arrett  of  judgment,  all  at 

eaee,  arftihtTe  a  jury  attending  merely  to 

hnr  cMMd  tt  the  bar  moot  points  of  law, 

«hiih  iri[k  be  determined  either  before  or 

rfbr Attml,  iiw  very  irregular,  that  it  really 

jgaihuM  Mtbing  but  confusion,  which  courUi 

tfjriiBeNgluto  avoid  aboTe  all  things,  and 

e^kliheep  to  the  proper  seasons  that  the 

kvibai.  Therefore,  truly,  I  think  in  strict- 

Mitf  hv  we  oi^bt  not  to  allow  it ;  but  it  be- 

i^iiiCMof  life,  and  it  being  a  new  case 

9im  I  Mw  Id  of  parliament,  if  the  kind's 

otmI  llub  fit  to  consent,  I  shall  be  for  it ; 

Vh^  I  tkmk  io  strictness  of  law  we  cannot 

iU,Ga.  My  lord,  I  am  Tery  unwilling  to 
^Ae  pnNMf  any  advantage  that  he  might 
fcwirity  thiv  act  of  parliament,  though  his 
•MiHafcilipt  the  proper  time;  if  sir  Bar- 
Mkv  Shower  will  say  bis  exceptions  are 
H  Mf  sf  the  four  particular  heads  mentioned 
■*■  Awe  of  the  act  of  parliament,  for  we 
■■oifiDctheni  to  that,  then  we  do  consent 
Atf  he  Aoold  make  them  now. 
^C/.  Truly,  Mr.  Attorney,  if  you  do 
^MM  that  they  take  their  exceptions  now, 
na^csonler  of  it  whether  it  can  be ;  hut  I 
**^*g  fco*  we  could  admit  them  to  that  li- 

[i****'  ^''^  ^^  *^®™  ^  •"y  i\img  ma- 
JiWy  Diy  nMve  it  in  arrest  oV judgment. 
,Jf^^^,  And  I  believe  tliey  won't  say 
» ^jWiuuj  are  ip  slight,  as  to  be  only 
■^■fcrm ;  they  say  they  are  substantial, 
"**iyeor  lordship  will  hear  them  in  a 

^^fiwfr.  I  do  hot  know  whether  I  am 
**Miiithelaw,  I  am  sure  you  are  mis- 
fen  ■  ike  indictment. 

_f  ^'-  J-  H  ell,  do  you  eonsent  to  let  them 
Hitfcdroijections,  as  to  those  four  heads  in 
■iflefjiafliameijl? 
da.  GfR.  ^'es,  mjr  lonl ;  if  it  be  any  niat- 
kifrjbstaoce,  that  is  out  of  the  case  at  pre- 
^  ^  the  provision  of  the  act  of  parlianicut 
^*!y  ^  mere  matter  of  form,  and  I  should 
**i^  uowilling-in  auy  point  that  is  material, 
^■■k  a  prtfoedeot  iu  such  a  case  as  this. 
^C/.  1  confess  if  you  bad  consented  far- 
"^iHoooiknow  bow  we  should  hare  ad- 

I^C.  J.  Trek^.  I  tell  vou  how  I  thought  it 
Wtbednoe ;  you  might  have  committed  an 
*|khniy,  for  ii>liich  in  a  case  of  life,  and 
2*'Mw  law,  i  believe  aud  hope  we  should 
"•k««  forgiven. 

^C  J.  Well,  for  my  |iart  I  will  not  com- 
''"■rimgubuity  upon  any  account  whatso- 
^1 1  cannot  see  how  by  law  thev  can  take 
ygyionsto  the  indirtment ;  Mr.  Attorney 
"Jl'BKnmli  and  '^'  h«  <K^*  I  ^ink  it  could 
rH  nleasbe  did  also  csonaent  to  discharge 
*!J*7i  bat  I  ne  they  will  Dot  ofitr  any  ob- 

VOLXIIL 


A.  D.  1696.  [178 

jections  according  to  your  consent,  Mr.  Attor- 
ney, and  therefore  pray  go  on  to  open  the  evi- 
dence. 

Att.  Gen.  May  it  please  your  lonlship,  and 
vou  gentlemen  ot  the  jury,  the  prisoner  at  the 
bar.  Ambrose  Rookwood,  stands  indicted  for 
liigh»treason,yin  compassing  and  ima(riningthe 
death  of  his  majesty.  Gentlemen,  the  overt- 
acts  that  are  laid  in  the  indictment  to  prove  this 
treason,  are ;  that  he,  ton^cther  with  divera 
others,  had  frequent  meetings  and  consultations 
in  order  to  assassinating  his  majesty's  royal 
person,  and  did  provide  horses  and  arms  for 
that  purpose. 

Gentlemen,  the  evidence  that  you  will  hear, 
to  prove  these  facts  that  are  thus  laid,  will  be 
of  this  nature ;  you  will  hear  by  the  witness, 
that  there  has  been  for  some  years  a  design 
carried  on  to  murder  the  king's  person ;  that 
bhis  was  discoursed  of,  nnd  several  debates  and 
consultations  were  had  about  it  the  last  year, 
some  thne  before  the  king  went  to  FlanOera ; 
there  was  several  meetings,  where  were  sir 
William  Parkyns,  captain  Porter,  and  Chjir- 
nock  that  was  executed,  and  several  others, 
and  there  they  did  consider  in  what  way  to 
take  off  tlie  king  at  that  time ;  and  you  will 
hear  they  did  expect  a  commission  to  authorize 
it  from  the  late  kin^  James ;  but  then  the  com- 
mission did  not  come,  they  had  not  any  such 
at  that  time  ;  but  they  did  tlunk  dt  to  not  it  in 
execution  without  any  such  order  and  autho- 
rity, and  therefore  they  endeavoured  to  have 
got  a  vessel  to  have  carried  them  off  afUr  they 
had  executed  this  bloody  conspiracy ;  hut  it 
happened  his  majesty  went  to  Flanders  sooner 
than  they  thought,  and  they  could  not  provide 
themselves  of  a  security  fbr*n  retreat,  aud  so  at 
that  time  the  design  was  laid  aside. 

Hut,  gv-ntleinen,  you  will  hear  this  conspi- 
racy was  renewed,  a*nd  Ki:t  on  loot  this  %vinter ; 
and  in  order  to  the  accouiplishmcnt  of  it  you 
I  will  hear,  that  almut  Christmas  la^t  there  wertt 
several  persons  sent  from  France  hy  the  late 
king  James,  on  purpose  to  put  this  horrible 
desicfn  in  execution.  Sir  George  Harcley  was 
to  be  at  the  head  of  it ;  he  was  a  lieutenant  in 
one  of  the  late  king  Jauies's  troops  of  guards 
in  France,  he  wos  sent  over  with  a  ci>mmission, 
and  Mr.  Hmiktvond,  tlip  prisoner  at  the  bar, 
was  a  brigadier  in  the  guards  there ;  these 
came  over,  and  several  oilier  troopers  of  the 
late  king  James's  guartl)«,  by  two  or  three  at  a 
time,  that  they  mii^ht  iiol  lie  observed;  parti- 
cularly you  will  hear,  that  when  sir  George 
liarcley  was  roine  over,  s<*vcral  troopers  were 
sent  hy  king  James  hini*^elf  to  come  to  him  at 
St.  Gernmins :  and  there  he  told  them  he  had  a 
piece  of  service  for  ihcni  to  do  in  Kusrland,  and 
that  they  should  obser\e  sir  George  llarcley'a 
orders  and  directions.  !\|ore  particularly  there 
was  one  Harn«  aud  Hiire,  two  troupers  in  the 
guards,  were  sent  lor  by  the  late  king  Jamea 
into  the  late  queen's  bed-chamber  at  St.  Ger- 
mains,  where  colonel  Parker  was  present; 
they  were  told  by  the  late  king,  he  was  sen^ 
sible  they  had  lervti)  hiin  t'aithtnlly,  and  he 


1T9J 


8  lAlLLIAM  lU. 


Trial  ^Ambnte  Ronkxaai, 


[M 


woold  advizioe  tbeni,  aod  he  had  now  a  pieee 
of  fervioe  for  them  to  do,  which  woolJ  enable 
him  to  do  h.  He  told  them  they  must  go 
orer  intu  Engiaod,  and  be  sore  to  obej  sir 
Geor^  Barclev's  directions ;  and  the¥  were 
ordered  tu  enjearour  to  find  out  sir  George 
Barcley  when  they  came  into  England  ;  and 
were  told  by  him,  that  they  would  meet  wa 
Geor{;e  Barcley  twice  a  week  in  Covent- 
garden- square,  m  the  ercnine.  and  the  token 
by  which  they  should  know  him  was,  he 
w'ould  wear  a 'white  handkerchief  out  of  his 
pocket;  this  they  were  toM  by  the  late  king, 
when  h^  sent  them  upon  this  errand.  Cokmel 
Parker  wai*  by  at  the  same  time,  and  beioff 
there,  be  was'  ordered  to  go  to  Mr.  Carol, 
secretary  to  the  late  queen,  who  had  order  to 
famish  them  with  monev  to  bear  the  charges 
of  their  j«fiimey  into  England ;  and  if  they 
were  detained  by  contrar}-  winds,  thev  bad 
letters  of  recomin»riidaiion'to  Monsi<nir  Lsioar 
the  French  king*!-:  president  at  Calais,  to 
furnish  them  with  money  to  bear  their  charges 
orer  into  England ;  and  aocordinsfly  they  went : 
bat  being  detained  at  C&lai.^  fur  w'ant  oV  wiuil, 
they  were  fumishe-d  Hy  the  French  president : 
ancl  by  the  beginning  of  February  tliey  came 
over, ' 

But  I  omitted  one  tiling,  trt'ntlemen:  Be- 
fore they  came  over,  the  late  king  when  they 
were  wit'h  him  took  a  list  nut  of  his  ptx;ket  of 
names,  and  told  these  two.  Harris  nnd  Hare, 
what  names  they  should  go  by  in  England  ; 
Harris  was  to  go  by  the  name  of  Jcckins.  and 
Hare  by  the  uame  uf  (jiiiny ;  and  accordingiy 
the%'  came  over  in  a  boat,  and  landed  in  Kent ; 
and  when  they  came  lotuwn.  they  endraTnuml 
to  find  out  sir  Gcurge  Barciev :  The  first  time 
I  thiok  thev  did  not  tind  him  ;  hut  tLe  sciond 
time  tlipy  i\A  find  him  ;  an'1  he  «a>uted  them, 
and  told  them  he  was  g)ad  tri  S4:e  them  come 
over,  and  he  would  fui'Dt^h  them  wi:h  money  ; 
and  he  sent  major  ilnlnu-s  tu  tl.nii ;  aud  ac- 
cording he  d:J  come ,  and  gitc  tiiriii  subsis- 
tence-money. 

Now,  geiitlemcn,  ynu  will  hear  that  Mr 
George  Barcley  being  cuiue  uvLt  with  these 
troopers,  and  many  others,  to  the  number  of 
sixteen,  that  at  several  times  were  sent  upon 
this  conspiracy ;  I  say.  after  they  were  come. 
sir  Geursfe  Barcley  had  frequent  meetings  and 
oonsuluuons  with  several  other  persons  that 
were  to  be  engaged  in  the  same  design  ;  and 
they  met  at  several  places,  sometimes  at  cap- 
tain Forter's,  sometimes  at  the  Nag*s-head  in 
Covent- garden,  at  anothir  time  at  ibc:  Sun 
tavern  in  the  Strand  ;  and  \  ou  w  ill  find  by 
the  evidence,  that  the  prisoner  at  the  bar,  Mr. 
Hook  wood,  was  present  at  most  of  those  meet- 
ings ;  and  there  they  did  consult  of  the  best 
ways  and  methods  for  puuing  this  conspiracy 
in  execution;  sometimes  they  thought  of  doing 
it  by  an  ambush  laid  on  the  other  side  of  the 
water,  by  persons  ou  foot,  io  a  little  wood  thoe 
Dcar  RicbnMNid,  whtfe  the  king  was  to  pan 


goards.  This  wi 
another  proposal  to  do  it'eoAiindetheivale 
and  therefore  to  settle  the  matter ooeaft 
ooospiratora.  King,  waa  aentto  view  thegrM 
oo  the  other  side  af  the  water;  aod  be  i 
gkKy  that  be  had  feand  a  very  proper  plai 
and  tbought  il  a  Tcrr  ooDTcnient  lacikod  ;  I 
vet  they  ware  nat'aU  satisfied ;  and  at  t 
SagVbead-tafcni  in  Caveot-gardca  thcji 
debate  the  matter  again,  aad  it  was  WDlfed 
have  the  gnmnd  Tiewed  again;  Hid  Fort 
and  Kjugfatlcy,  aod  King  thai  was  eaacHh 
went  to  vievrthe  ground  od  both  adea  t 
water,  to  see  which  was  the  most  eonvnii 
place ;  this  was  about  the  12th  of  Fetal 
they  did  take  an  account  of  the  most  eoM 
nient  pbees  on  either  side ;  and  when  thej  I 
ilone  it,  they  came  back  in  the  erening  to  fi 
an  account  what  they  had  done,  to  aaiv 
others  of  the  conspirators  who  met  far  tl 
purpose;  and  I  think  the  priaoncr  atlbab 
3Ir.  Rook  wood,  was  present  there  at  thia  dm 
ing ;  and  you  will  hear,  the  place  agreed  ay 
was  the  lane  that  l^«ds  from  Tamham^giiM 
Brentfurd ;  that  they  thought  the  moal  « 
venient  ptace,  becan^  there  were  several  ii 
iu  aad  about  Tumham-grreo  and  Brealii 
where  they  might  place  their  men  by  twa 
three  in  an  inn,  that  they  might  not  be  In 
to  obf ervation :  This  was  the  place  tbMH 
appro\'ed  of. 

Then  next,  the  manner  of  doing  it  waitB 
considered  and  adjusted,  and  that  wai  ta 
that  the  whole  number  should  be  divided 
three  parties ;  one  psny  to  be  commaadn 
sir  Gf  o*^e  Bardev  to  attack  the  coach  aaft 
the  king  and  all  tliat  were  in  it,  while aH 
same  time  the  two  other  parties,  to  be  ^ 
manded  by  captain  Porter,  and  Mr.  Rook*- 
the  prisoner  at  the  bar,  were  to  set 
guards  ;  and  ih*;  time  agreed  upon  to  _ 
execution  was  the  15ih  of  February  oa 
day.  that  being  the  usual  day  the* king 
to  Richmond  a-hunt:n?;  and  you  wiU 
that  on  Saturday  morning  they  met  in  si 
parties,  not  all  together,  hot  under  the 
heads  nf  the  parties,  in  order  to  be 
the  kio^  had  gone  out  that  morning,  to 
assassinated  him. 

Gentlemen,  I  say,  \ou  will  hear  of  e^ 
meetings  that  d^ty  ;'  tliere  was  one  meets  J 
>lr.  C'haruock*s,  where  were  present 
Purter.  sir  William  Parky ns,  and  several  ocJ 
and  another  meeting  vou  will  hear  of,  w^ 
the  jirisorier  at  the  fiar  was  present,  ^ 
lodgings  of  oue  i'uuuter.  another  of 
James*s  friends,  that  came  over  for  thi^ 
pose  ;  and  there  was  sir  George  Barcley' v 
there  was  the  prisoner  at  the  bar ;  and  ^ 
that  were  to  be  under  sir  Geoige's  ooKaH 
met  that  Saturday  moming,  in  order  to  ^ 
ready,  in  case  tlie  king  liad  gone  abiug* 
have  attacked  him :  you  will  'find  by  tla« 
dcnoe,  that  the  prisoner  was  there;  aadfY* 
that  was  one  of  the  troopers  sent  over  ^ 
Fianoc,  was  tent  for,  and  came  in  and  i^ 
thaabagicathany;  for  Harrii  was  ii0^ 


fir  High  Treason* 

\  Willi  ibe  immediate 
^1^  die  king ;  but  (inding 
be  ftsked  tbem  what 
ftlicy  tubl  Uiiii  tbev  vere 
Bdiaidv  upon  ihe  dvsigfn, 
I  asked  wbal  it  was ;  mid 
tliey  were  to  go  to  nitack 
_  i  to  awMstuate  hiui ;  anil 
prisoner  nl  the  bair  told  hitit|  it' 
>  Coutiier,  tie  sbiiuhl  bairc  par- 
L 111 *l ructions  from  bim  what 
Harris  wertt  to  Cuiinter  ; 
burse,  and  Hare's  borse 
were;  mid  Ibeir  borsca 
ID  Sofheraet- bouse,  by 
lile  tbere»  recoromen*ted  by 
of  my  lanl  Fevcrflhaiii'a  ser- 
to  tuLe  c^re  of  tb^iti,  and  of 
re  that  were  placed  tbere; 
consul ratort  bon«8  by  tbe 
kof  Mr.Lewta  were  lodgred  in 
l*liouae,  and  looked  ntler 
ain's  men;  and  tbithfr 
Lliingnte  were  directed  by 
te  fo  f«T  tbeir  horset. 
I  kappened  by  ¥ei-y  gtMHl  providence} 
I  BAJifvty  did  not  c^o  abroad  that  day  ; 
B  of  tbe  onlerly  men  ibat  lodgefl 
togi\e  ititelligerice,  came  iVom 
tbetn  that  tbe  king-  did 
uiiig,  M>  tbere  was  liotbint; 
Sftrria  %vai  told  that  be  abould 
r  »l  thai  time,  and  take  it  away  ; 
time,  till  they  were  to  go 
I  they  were  to  ride  out  upon 
'  bad  0]iporturrity«  to  make 
"viee ;  or  else  it  would  be  tboug-lit 
t  ii\  at  tbe  time  of  the  atiui^k, 
up  in  gooit  time  aud  order 
if  and  il  Hinitd  be  ttioii^bt 
rin  ttie  rider;  and  accord iu^jy 
laootber  of  those  cnnipiraturii, 
rris  ajid  Hare  to  ^merset- house 
boraes,  and  tbey  carried 
( m  8ubo ;  but  for  several  jii|^bt«i 
I  kept  at  Horoertiet'houae. 
^  fiad,  fcntlemen,  that  Mr.  Rook- 
It  priiuaf  rat  tlie  bar,  was  concern ei I  in 
iMiitultaiioiui  and  meeting,  in  m»(k- 
pnooQi  for  Ibe  a^aaasination  ^  tbey 
Im  1  Mid,  to  do  it  on  the  ]  5tb  of  Fe- 
t  ^  that  not  taking^  effect  at  that  dav% 
UhlNd  the  Haturday  following,  Mr, 
^^aii^otly  10  tbe  company  of  Mr. 
[^K)Mr.  Lowirk,and  otben«,  inhere 
t^Roui^c  of  Ibis  ttjiflafliiinatioii,  and 
Itjltrik  It  31  vrty  barbarous  thing ;  but 
«  they  would  do  it,  ^br 
y  «ir  f itorge  Bftrcjey : 
apr»-M«iy  declared  by  Lowick  and 
ftl  they  bad  diret^tions  to  obey 
1  wbat  be  would  hare  them  to 
i:  tbty  tnubt  and  would  obey 
rcaidution,  even  u|miii 
I  of  so  bloody  and 

r,  Gentlemtiif  by  tbe 


A*  D.  1696. 


[I8S 


evidence,  that  the  next  Saturday,  being  the 
two-and  twentieth  of  February,  they  rcsolf  ed 
to  put  it  in  exeeution  again  ;  and  accordingly 
tbere  was  a  meeting  on  tbe  Friday  before  at 
tbe  Sun  tavern,  where  were  present  sir  George 
Rarcley,  JMr.  Porter,  ami  others  ;  and  there 
Ibey  did  re^iobe  upon  it,  though  they  had  at 
first  some  apprehension  tbe  tbin^*  vVas  dis* 
covered  ;  but  thry  w^re  soon  satisfiud  there 
wiui  uo  fiiicb  tbiug,  because,  they  laid  amoug*' 
tbctuselves,  thai  if  it  had  heeu  so^  ibey  should 
have  been  taken  up,  and  not  have  been  per- 
mitted to  meet  there  :  therefore  they  resolved 
tbe  next  day  to  put  it  in  execution ;  and  ac* 
cordiogly  they  met  at  several  places,  and  got 
ready  in  the  mornings  in  case  the  king  had 
^oue  abroad.  The  prisoner  met  that  morning 
at  Portcr'jj  lodging,  with  several  other  trooperi, 
to  make  ready  tor  the  enlerprijsc :  and  there 
tbe  prisoner  at  tbe  bar  did,  at  that  time,  give  a 
list  of  ibe  names  ibat  be  was  to  command; 
for  he  was  to  have  one  party  of  those  that  were 
to  attack  the  guards,  ot  whom  Harris  was  one 
and  Hare  wan  another,  and  Richardi^on  waa 
another,  and  Blackburne  was  another^  and  his 
own  name  was  chief;  and  be  ordered  Harris 
to  go  and  see  to  get  them  ready,  for  I  hey  must 
go  out  that  morning :  accordingly  Harris  did  go 
and  got  them  ready,  and  came  back  and  gave 
an  account  of  it.  His  majealy  did  not  g*  abroad 
that  day  as  it  happened  very  fortunately,  by 
reason  of  the  bappy  discovery  ;  so  that  newi 
being  brcnight  back  again,  ihougb  they  had 
made  all  things  ready,  those  preparations  were 
put  of^',  and  ihey  did  nothing  that  day  ;  and 
quickly  after  the  discovery  was  fully  made,  and 
made  public  by  tbe  apprehension  of  the  oon^ 
spirators* 

Gentlemen,  you  will  have  this  matter  fully 
proved  to  you  by  several  witnesses,  that  I 
think  there  can  be  no  room  to  douhi  the  truth 
of  it  thsit  there  was  such  a  conspiracy,  and 
that  the  pri«;oner  was  as  highly  concerned  in  it 
as  those  who  sufPered  the  just  punishment  of 
the  law.  We  will  call  our  witnesses  to  prove 
this  ;  and  1  beliiive  they  will  lie  tibte  to  give  yoii 
an  account  <d'  the  whole  affair  luHter  and  mora 
fully  than  1  ckin  do^  or  can  prttend  to  open  it. 

SoL  GctK  Call  Mr.  Harris  and  Mr.  Porter. 

Sir  Ji,  Sii(*ucr,  Ue  0[>|K)se  the  swearing  Mr. 
Porter:  I  must  beg  the  favour  of  the  court  to 
hear  us  in  it ;  if  my  instructions  be  true,  we  in- 
sist tipon  it,  that  he  is  uol  capable  of  being  A 
witness ;  lie  standi  convicted  of  telony  ;  here  we 
have  tbe  record,  and  we  desire  it  may  tie  readi 

Copt.  Porter.  I  know  nothing  of  the  niBtter^ 
that  there  is  any  such  thing  nUindingoul  against 
me. 

H\T  B.  ShimeK  Then  sure  we  are  mistaken 
in  the  man.     Pray  let  us  heur  it  read. 

C/.  o/Ar.  (Reads  the  Record.)  This  i«  an 
indictment  of  murder  ugain^t  George  Porter, 
for  the  killing  of  sir  Jamts  Hackel,  knigbt. 

Att.  Gen.  Do  you  know  any  tliiiig  oflbiS| 
Mr.  Porter  ? 

Forter.  I  came  off  with  tnanBlaughter»  and 
pleaded  the  king's  pardon  lo  court. 


8  WILLIAM  III. 
Gen,     Pray   read    what    was   done 
Here's  the  jury's  verdict 


Trial  ofAmhroie  Rookwoodt 


V 


upon  it. 

CL  of  the  Crown, 


"  Uiiod  praedictus  Georgitis  Porter  est  culpabilis 

*  de   felooica    iDterfectione     pnedicti   Jacobi 

*  Hacket,  et  bod  culp.'  as  to  ttie  murder.  Here 
is  a  *  Curia  advisare  yult,*  aud  I  suppose  there 
was  a  pardon  afterwards. 

Just.  FouelL  Was  he  not  burnt  it  the 
band. 

Porter.  No  ;  I  pleaded  tlie  king's  pardon. 

L.  C.  J.  And  there  are  iteveral  acts  of  par- 
don since. 

Mr.  Cowper.  See  the  time  when  the  indict- 
ment was. 

CL  of  Ar,  It  is  the  8th  of  December,  in  the 
S6tli  year  of  king  Charles  the  Sud. 

Sir  JB.  Shower,  We  agree  that  he  did  plead 
the  king's  pardon;  ami  then  the  case  is  no 
more  than  this,  a  man  is  convicted  of  man- 
slaughter, and  the  king  pardons  him,  he  still 
remains  unqualified  to  ue  a  witness ;  we  say, 
this  has  been  the  case  that  has  been  much  de- 
bated in  Westminster-Iiall,  and  upon  debate  it 
has  been  resolved. 

Just.  Povell.  It  has  been  so,  but  always 
against  you. 

Sir  B,  Shower,  It  was  in  the  case  of  my  lord 
Castlemaine  *  at  this  bar ;  one  of  my  lords  the 
Judges  went  to  the  court  of  Common-Pleas  to 
ask  their  opinion,  and  these  ^ases  were  put  f 
In  case  a  man  be  outlaweil  of  felony  and  par- 
doned ;  in  case  a  man  be  c(tnvicted  ot  felony  and 
had  the  benefit  of  his  clergy ;  and  in  case  a 
roan  was  convicted  and  not  attainted,  i)ut  par- 
doned upon  the  second  case ;  they  were  of  opi- 
nion, that  the  receiving  the  punishmeiit  of 
burning  in  the  hand  had  purged  the  very  guilt, 
and  did  set  liini  upright  by  the  statute  of  the 
loth  of  queen  EiizatMSth,  thoy  thought  it  did 
operate  to  that  pur|K)sr ;  but  in  the  case  of  a 
pardon  of  a  man  attainted  or  convicted,  it  was 
agreed  he  was  not  qualilicd  to  be  a  witnc&s  ;  and 
Dangerfield,  against  whom  the  objection  was 
made,  bnng  burnt  in  the  hand,  was  received  to 
be  a  witness;  and  it  was  only  made  use  of 
against  him  to  take  off  his  credit.  I'be  record 
ot  that  case  is  in  iliis  court,  and  I  looked  upon 
the  print  of  Uic  trinl  this  d:iy.  Ue  say,  that 
there  is  a  case  in  1  RrownloM-  47.  a  nrian  at- 
tainted of  felon  V  cannot  he  of  an  inquest,  though 
pardoned  ;  and  we  think,  he  that  cannot  be  a 
juiyinan,  sure  caur.ot  be  a  witness ;  there  is  the 
same  exception  to  his  being  u  witness  as  there  is 
in  the  case  of  :i  jur^  man  ;  tor  the  oii<>  ought  to 
appear  as  free,  aud  sluad  as  cltur  and  unsus- 
pected, fn  respect  of  his  probity  and  verity,  as 
the  other,  as  th**  oiic  is  sworn  to  try  and  deter- 
mine upon  OhXli,  so  the  other  is  sworn,  and  his 
oath  is  to  sway  jti.d  dclcnuinc  the  jury,  and  in 
consequence  it  is  atl  one ;  and  upon  these  rea- 
sons we  hopr.'  he  is  not  a  good  witness. 

X.  C.  J.    Where  is  that  case  in  Brownlow  ? 
Sir  JB.  SJioictr,  It  is  i  Bnmnlow  47.  and 


*  See  his  Case  in  this  Collection,  vol 
1867.  t  i^  vol.  7,  p.  1098. 


7, 


then  there  is  11  H.  i,  41.  3  Bubt  1S4.  tl 
mv  lord  Cook  says,  if  a  man  be  convicte 
felony,  and  pankmed,  he  cannot  be  a  iuryn 
for  though  the  punishment  is  pardoned, 
guilt  remains,  so  that  he  is  not  *  proba 
*  legalis  Homo ;'  and  every  particular  pe 
has  an  interest  in  it,  that  they  have  free 
clear  persons  to  be  jurymen  and  witnesses. 
Mr.  Fhipps,  My  lord,  that  is  the  distin 
we  go  upon,  which  was  taken  in  Danger^ 
case,  U|)on  tlie  trial  of  my  lord  Castlema 
where  the  whole  court  were  of  opinion,  tb 

Kardon  from  the  king  ouly*  would  not  n 
im  a  good  witness ;  but  if  ne  were  burnt  in 
hand,  that  by  the  statute  of  decimo  octtm 
zahetha,  amounted  to  a  statute  pardon,  am 
him  right  to  all  intents  and  purposes :  and ' 
thev  did  take  notice  of  that  book  that  sic 
thoiomew  Shower  cited  of  11  of  Hen.  A 
a  man  attainted  could  not  be  a  jurjr 
though  pardoned  by  tbe  king  :  it  was  o% 
be  might  be  a  witness ;  but  Mr.  Justices* 
said,  it  was  the  same  reason  if  he  be 
for  a  juryman,  he  is  not  fit  for  a  wituetaa 
ought  to  be  both  *  probi  et  legales  Uc:» 
thus  the  case  stood  there.  And  thsjifc 
book  of  Bulstrode  is  the  same  ;  it  waaa 
case  of  a  prohibition  for  a  Modus  De^^ 
where  the  suggestion  is  to  be  provecS 
witnesses,  it  Was  objected  he  had  not  j^i 
by  two  witnesses,  because  they  were  I 
tainted  of  felony,  and  thontrh  they  «i^^ 
doned,  yet  that  did  not  make  them  gf^v 
nesses  in  the  opinion  of  the  court. 

L.  C.  J.    This  is  quite  another  case, 
not  come  up  to  your  point ;  here  is  no  ai^ 
and  here  is  pardon  upon  pardon,  by  act  ^ 
liament. 

Mr.  Phipps,  As  to  that,  we  think  the  0 
luent  pardon  is  out  ot  the  case  ;  lor  if  iim 
don  from  the  king  be  a  good  panlon,  XM 
no  guilt  for  the  act  of  pardon  to  work  upC^ 

Sir  B.  Shower.  My  lord,  this  we  thiols 
a  g(K>d  distinction  as  to  that  matter,  a  ma  i 
is  actually  pardoned  tlie  punishment  bj 
king's  pardon,  and  afterwards  an  act  of  p» 
comes  and  pardons  all  offences,  that  w^ 
does  nothing,  for  he  is  not  a  subject  of  ptf 
for  he  was  discharged  of  his  puuishmeut  Ir 

Alt.  Gen.  Sure  these  gentlemen  are  m 
earnest  when  they  make  this  objection. 

Sir  B.  Shower,  When  the  king  has  ones 
doned  him,  he  is  not  an  offender  witliii 
meaning  of  the  act  of  parliuiitenl,  and  t. 
fore  the  act  works  nothing  as  to  him,  & 
he  stands  as  much  disabled  from  being  ■ 
ness,  as  lie  was  before. 

3 usi.  Pou'tll.  In  the  case  of  CutingU 
llobbard,  there  it  is  baid  the  pardon  takes 
*•  tani  Hfatum  quam  Pu:nam,  &c.'  An  e 
being  brought  for  calling  a  ntan  thief,  ^i  b< 
been  indicted  for  felony,  and  convictedi 
pardoned,  the  court  adjudged,  that  heoiigl 
to  be  called  so ;  tor  he  was  no  thief,  f» 
pardon  had  u-ashe<l  him  entirely  clean,  ai 
was  discharged  both  of  tbe  guilt  and  pi2 
ment)  and  ail  the  cooiequences  ol  it. 


Jwt  High  Treamn. 

I  ibtt  bav#  be«o  put  are 
I  •!  ill  in  Ibtt  matter  ;  for  where 
^%  fooiriction  of  mnnslnughter,  and  the 
k  9«hloiifil,  we  think  that  pardon  of  the 
^H  a  wiy  oi*  ditdi^rge  at  much  ta 
Aiu^  in  tH«  hand,    I  tnke  it,  it  is  the  same 
'  l4i^  idmit,  tlml  will  dlschari^e  liim  to 
nil  and  Biirpo$f#«  tind  k»  we  think  does 
'HRwiiiallv;  *  t  his  clcr^-y,  and 

l>y  way  ot  statute 
\  -nian,  I  take  it 
.ise ;  but  even  in 
tto^it,  I  ,ir  ^  I,  ,h.*i  «he  purty  coii- 

*^  ifWr  I  uti  prdooe<l  him,  19 

™Wfriinii ,.  ^  jury  ;  bat  sapposing" 

>^taWiio,  yctltierc  are  many  caies  u  herein 

i      •  ttifl  mi V  i;  I  :i  V it II tjs ,  t h a  1  c*n not  he  a  j  11  ry - 

■•*  ic  credit  «»t'  such  n  ^vimess 

I      ii^«  m  it  i«  no  objection  agfainst 

iii  ba^  t  1p|JiI  \i  itncfis ;    and  it  is  a  very 

M^  iipiueni  to  m«f,  that  because  he  was 

h      fvMb  tb  kin^.iftliat  shoutd  hedetiden^ 

IikiliOTforr  th#  Hfi  of  panlon  sihoutd  have  no 
^-    "  r  i»  to  &ay,  that  the  king^'s 

P^  10  have  nothing  left  fur  the 

p^Mn^or.ii.n  to  work  upon,  and  certainly 
■VilnD  10  nght»  thai  10  all  iulenu  and  pur- 
f^kia  it  {rood  u  witnifiis  as  erer  tie  was  ; 
•i I •Tlhiii^  remained  to  Ijc  done,  the  act  of 
pv^^^i  hj«  (lone  itf  and  supplied  the  de* 
m\  Ia  Ifhink  the  king's  pardon  is  sutlicicnt. 
J^Cn*.  My  InnI,  I  supjwae,  they  do  not 
«tf<piit,  js  ifjiiikiniif  there  is  any  great 
P^  a  ii.  l«iji  orI  V  tor  uhjecttoii  fake  ;  but 
2.  Jj^*^**  001  Hi  lb  standing  this  objection 

^  I,  Ihey  take  this  exception 

1^/  L,  for  ihey  bpeakto  hii  cre- 

LCJ,  Hf^*  they  except  to  his  being  a 

*i  (Jn,  W'lo,  your  lordfUiii  retnerobers  a 

■■te  m  before  your  loroahip  not  long 

jj'^^^o  Kislcr  tcrni  laai,  when  one  wat 

"  "  I  bar  for  trenaoti,  and  Aaron  Smith 

a  witness^  and   the  prisoner 

li^am^'  *'if»'  •^'=  f^"  "/>od  witness. 

f  btb*i|  iii>*  ,  and  your 

Jllje  eon.      . ,     .■  ,  L  at  the  uct  of 

^■^Wreniiire  hiai  to  all  intents  and  pur- 

tCnyin.  lu  the  caap  of  the  earl  of  Cai- 
^^ii  bub  Ibe  courts  of  Kinfj^'V  bench  and 
*■■■•  Plwui  held  Dangertield  a  legal  wit- 
•^  Ifcwfh  biinifil  111  the  liantl  for  felony, 
■■•»i»dic  opinion  of  Roll«  :  in  Siiles  re- 
■•J((8,  htnf  thfti  hatli  been  hununl  in  the 
^  ^  Wooy,  may  tiiHwitlist:indlng  he  a 

^^'  SketPtr^  My  lord;  in  answer  to  that 
^^  wii  pyt,  titat  after  the  king*s  psirdon 

■Mb  ttoiy  1,^  ,  rlj^t  was  an 

2*ii*»  my  biri  -  ....  i  cane,  that 
2^^  **  ffooAt  lutd  our  notion  that  we 
'JJJJfcr,!*  good  loo;  he  cannot  be  im- 
'^'^^lafifuik  iiDpoted  to  btmf  when 


A.  D.  1696.  [180 

once  tKe  king  has  forgiven  him,  and  yet  that 
may  not  restore  him  to  U\^  entire  credit,  t»  wa9 
my  lord  chief  justice  ^»croggs'  diMtnctiun  iit 
the  cast;  of  Dan^erfield  ;  and  as  to  the  i^aeie  of 
AaroD  8milh,  that  was  very  di5*ereiil :  the 
reason  in  that  CAse  was,  because  the  crime  for 
which  Mr.  Htnith  waf;  indicted,  did  not  im- 
port any  such  aciindalous  oHence  lor  which  his 
ci^dit  could  be  impeached. 

L.  C.  J.  No,  no,  we  did  out  meddle  with 
that,  wc  went  upon  the  pardon. 

Sir  B.  Shower,  But  in  that  case«  they  did  oot 
insist  U|»on  it  that  he  hud  a  pardon  antecedent 
to  the  Act  of  Pardon^  so  that  he  was  rnhjicium 
capas^  tor  the  act  to  work  upon,  he  was  an  of- 
fender that  needed  a  panlon  ;  wlipreas  Mr,  Por* 
ter  beiug  pardoneil  belbre,  could  not  be  an  of* 
fender  neediiig  a  jiardon,  and  consequently  not 
withm  the  &^t  words  of  the  Act  of  Indemnily, 
because  he  was  pardoned  by  the  ktog  before; 
but  he  was  noi  by  that  pardon,  say  we,  re- 
stored to  his  credit  to  make  him  a  good  wit- 
ness«  and  the  act  of  parliament  did  not  affect 
him,  he  being  not  su^^eci urn  mAterUij  as  not 
being  an  offender. 

Mr.  Phippt,  As  to  Mr.  Solicitor's  case  of 
Aaron  Smith,  we  agree  the  act  of  parliament 
did  restore  him,  because  he  ncrer  ^ha  par- 
doned before  by  the  king*  so  there  remaineil  an 
oifence  for  the  piirtiainent  pardon  Ut  work  upon. 

L.  C,  J.  Do  you  agree  that,  then  you  may 
agree  the  otlier ;  for  the  act  of  parliament  par- 
dons uoue  but  those  that  the  king  can  [mrdoti 
generally. 

Mr-  Pltipps,  It  is  true^  my  lord  ;  but  we 
say  that  an  act  of  parliament  pardon  removes 
tliose  disabilities  which  the  king's  [lardon  does 
not ;  for  ef  ery  one  is  in  law  n  party  ti>  an  act 
of  j>iirl lament,  and  thereti'te  un  person  shall 
be  permitted  to  a  I  ledge  in  diHahihty  uf  uoolher, 
any  crime  which  he  hinisielf  haih  pardoned, 
for  that  IK  to  aver  against  his  own  act ;  but  it 
Is  otherwifle  in  the  case  of  ihc  king's  pardon. 

L,  C.  J.  Why  the  very  par  liniment  pardon 
comes  from  the  king  ;  the  king  has  a  full 
power  of  pardoning,  and  where  lie  does  pardon 
under  tlie  great  seal,  it  has  the  full  cfiVii  i»f 
the  parliament  pardon.  A  pardon,  hetore  at- 
j  tainder,  prevents  all  corruplinn  of  blnod,  so 
that  though  a  man  forfeits  his  goods  by  cnn- 
viciioo,  yet  alter  a  pardon  he  is  cap.djtk^  of 
having  new  goodn,  and  shall  h<dd  them  v^iih* 
out  any  forfeiliire  whatsoever  ;  (or  the  paidon 
restores  hira  to  his  lormer  capacity «  and  pr^ 
vents  any  further  forfeiture.  ludeed,  if  lie 
had  been  attainted,  wh^-rcby  h\s  hUyiM\  ita^  1  r^* 
ruptetl,  no  pnrdon,  whether  it  were  by  the  kui^ 
or  by  the  parliariieni,  cimld  purge' his  Uund 
without  reversal  of  the  attainder,  by  vtrit  of 
error,  or  act  of  pailiament,  or  «-\presu  word««  1  t 
the  act  to  restore  blood;  but  either  p.itd.i., 
makes  him  a  new  creature,  giieshiiii  kw^  i  . 
pacity,  and  makes  hi  111  to  all  intvut<t  »nd  pur- 
poses, frou»  the  time  of  the  [lardon,  tr>  be  ♦  pi*o. 
*  bus  et  legalia  homn,*  and  a  good  iutne»fc. 
Indeed  this  crime  might  be  objected  against 
his  credit ;   but  il  ii  not  to  be  urged  agiuusi 


I 


I 

I 


S  WILLIAM  ilL 

Ihe  sufficiency  of  hi^  evidenc^^  that  is,  his  be- 
ing a  witness.^ 

Att,  Gen.  My  lord,  we  tlcsire  he  may  be 
sworo*     (Which  was  rioue.) 

SoL  Gen,  Now,  Mr.  Porter,  do  you  give  my 
lord  and  ibe  jury  an  account  what  you  know 
of  ihb  intended  assays inatioo^  how  it  came  to 
your  knowledge,  a ud  what  share  the  prisoner  at 
the  bar  had  in  it. 

Forter.  My  lord,  the  first  account  that  I  had 
of  this  assussuiation  was  tVom  Mr,  CharDock^ 
who  brought  to  nie  sir  George  Bare  Icy  and 
major  Holmes  to  my  lodgfing  in  Norfolk. street, 
where  I  waa  sick  of  the  g-out.  Sir  George 
Barcley  did  not  then  parlicularly  acimaint  me 
with  the  lusine^,  hut  said,  he  wouUi  leave  it  to 
Mr.  Charoock  to  telJ  me  what  it  was. 

L,  C.  J,  \S  lio  told  you  80  r 
_  J*orier,  Sir  George  Barcley ;  and  after  that 
ire  had  several  meetings,  at  which  the  |»risoner 
at  the  bar  wm  present,  particularly  at  the 
Olohe-tavern  in  llatton-Ganli'D,  where  it  was 
consulted  of  the  best  ways  and  means  to  as- 
ias&inate  the  kiu]^^  as  he  cauie  from  Richmond : 
s^')me  were  of  opinion  that  it  was  best  to  be 
done  on  the  other  :^dc  of  the  walar ;  olhei  h 
were  of  opinion  that  n  sliouhl  be  done  on  this 
side,  by  a  party  of  mc^n  on  horsebiicit:  upon 
this  dilTereuce  of  opminn,  there  were  persorjs 
apiiointed  to  go  and  view  both  places;  I  was 
appointed  lor  one  to  go  with  captain  KuighlleVi 
and  Mr,  King  went  along  with  me,  and  we  did 
view  tlie  ground  on  both  sides,  and  when  we 
came  back,  we  gave  an  account  to  sir  George 
Barcley,  and  those  that  sent  ua ;  and  upon  our 
report,  sir  George  Bari^ley 's  mind  was  chancned, 
who  was  for  the  other  side  of  the  water  before. 
And  he  agreed  to  do  k  in  the  lane  that  leads 
from  Turn  bam- Green  to  Brentford,  After- 
wards there  was  a  meeting  at  the  Globe-Ta- 
vern in  Hatton- Garden,  and  there  it  was  agreed 
thai  the  king  should  bf3  attacked  on  S^Lturd ny 
the  151  h  of  February*  by  sir  George  Barcley 
and  hJH  party  ;  and  Mr*  Rook  wood,  the  pri- 
soner ut  the  bjir,  waii*  to  t'c»iamand  a  party  of 
men  that  came  over  from  Prance,  who  were  to 
as^nli  the  guanlii  on  one  sitk;  and  I  and  Mr, 
Charnock  were  to  set  upon  the  guards  on  the 
other  side.  Sir  George  Barcley,  with  four 
men  out  of  each  psrtVt  was  to  attack  the  king 
in  his  coach,  and  to  kill  him  and  all  that  were 
there  in  it. 

Z.  C.  J,  Who  were  at  tliat  meeting f 

1*0 tier.  There  were  sir  G.  Barcley,  capt* 
Chai-nock,  sir  Wm.  Farkyns,  myselt,  major 
Holmesj  capt.  Rocik\%ood,  nod  capt*  King. 


*  As  to  ilie  operntitm  of  the  King's  pardon  in 
giving  credit,  see  Mr.  Hargrave's  very  learn- 
ed Discourse  on  the  eflect  of  the  King's  Par- 
doii  of  Perjury,  as  referred  to  at  vol,  7,  pp.  1032. 
1090.  8t4f,  too,  Peake*s  Law  of  Evidence,  ch. 
5,  8.  2,  art.  Witnesses  restored  to  CrCiStt  by 
Pardon ;  and  in  this  ( -olleclion  I  he  Cases  of 
Heading,  vol  7,  p.  295,  of  Collier,  vol,  7,  p. 
1043 ;  of  lord  Castkmaine^  vol.  7,  p.  1067, 
and  <)f  Crosby^  vol.  12,  p.  1291, 


■      andiifC 


Trial  of  Ambrose  Mookwaod^ 

i,  C.  X  Where  was  thisP 

Porter,    At  the  Globc-Tavera  in 
Garden,  upon  Saturday  morning  the  16th, 
having  two  orderly  meu  tliat  lay  at  Kensi 
to  give  intelligeuce,  had  notice  brought  us 
that  the  king  would  go  out;   Durance, 
was  one  of  ihem,  used  tA»  go  every  moi 
court  to  get  us  what  itjieihgence  he  coi 
e;ir  Geotg'e  Barcley  told  me  upon  the 
that  he  should  give  me  an  account  a* 
ever  he  coukl,  the  next  ruorning;  and 
morning  at  my  lodging  in  Little  Hyder 
in  St.  James*s,  he  came  to  me,  and 
the  advance  guards  were  gone  out,  and 
king's  kitchen  was  gone,  and  all  was  pi 
for  the  king's  going  abroad,  and  tUeje  wtot 
great  many  noblemen  and  gentlemeu  «*bi 
back  wiih  bim>  and  therefore  he  thought 
would  be  DO  opportunity  of  eflectingtbe 
8aid  L  that's  no  objection  at  all,  nor  i 
son  for  putting  it  off,  because  when  the 
over,  all  the  company  goes  away,  and 
comes  only  in  his  coach  ^rtth  tlie  gua 
said,  he  would  give  sir  George  Barcley 
count  of  it,  jiud  he  came  back  with  sir  " 
Barcley  and  Mr.  Hfjokwood  to  my 
and   upon    repeating  that  objection,   and 
giving  the  sarue  answer,  it  was  agr«e«l 
kittg  had  gone  out  that  day  to  have 
design  in  execution. 

Alt.  Gen,  Was  the  priaouer  ot  tlie 
at  that  time  when  that  was  agreed  UfHUil 

Porter.  Yes,  he  was. 

i.  C.  X  Where  do  you  say  was 
ing.* 

Porter,  At  my  lodging  in  Little  Rid 

L*  C  X    Haxl  you  that  discourse  with 
George  Barcley  in  the  presence  of  the 
soner  ? 

Porttr.   Yes;  sir  George  said,  he  di 
wc  could  not  do  it,  becauie  there  would  go 
many  with  the  king,  but  I  objected  against 
that  after  the  sport  was  over,  all  the  eomi 
went  away,  and  the  king  came  t>sck  in 
coach  :  then  it  was  ai^recd  to  gu  on  ;  thi 
sir  George  Barcley,  l>nrdnce,  and  the 
at  the  bar,  and  myself  in  the  room. 

L.  C.  X  This  yoii  say  was  Saturday  tl 
16lh,  in  the  morning  i* 

Porter,  Yes,  my  lord ;  but  I  cannot  say 
saw  the  prisoner  at  the  bar  at  any  tneetii 
af>cr  that. 

An.  Gen,  Pray,  tell  my  lord  and  the  j 
what  method  ]^ou*were  to  take  in  putting 
design  in  execution. 

Porter.  There  were  to  be  so  many  ho 
armed  and   prepared   for    that  purpose. 
George  Barcley  told  me^  we  should   be 
40  or  45  horsemen,  and  they  were  to  be  dividi 
into  two  |>anie$,  and  sir  George  Barcley  *• 
to  have  four  meu  out  of  each  pariv,  a'ltd 
business  was  to  attack  the  king,  and  all 
were  with  him  in  the  coach.      Captain  Roob 
wood  WAS  to  command  those  that  were  coi 
out  of  France  to  serve  under  sir  George  Biri 
cley,  and  captain  Cliamock  and  I  were  to 
mahd  the  other  party,  and  both  parties  were 


w 


nfMin  the  guards  at  the  same  time  that  91  r 
Qtar^  Bifcrctcy  attacks  tl  Uie  kioij^s  coach. 
Ail*  Crn.  If  the  prisoner  Ts^il!  ask  him  any 


liir  i  .  Pray,  captain  Porter,  wlicti 

itrat  meet  nig' at  tlie  Glotie-Tavern  ? 
^rnHer^    If  was  otie  day  in  the  h  i^«^k  before 


Skomtr,  Was  Mr,  Rook  wood,  the  pri- 
t  die  bir,  there  that  day? 
r    Ye«,  he  wiis. 

SAtm^^r*  How  loo^ before  the  15lh? 
IWf«r.  One  day  that  week,  boi  I  canuot  tell 

Sf  E>  S^iMPer,  He  says  it  was  agrcf  (I  so^ 
amim  I  desire  to  know  whal  words  Mr,  Itook- 
voad  stlefeil  at  that  time  P 

nrf«r.  It  was  discoursed  by  every  one 
9om4,  wbtHi  wai  the  heuX  vtay  and  methniL 
Mr.  Rook  wood  say,  indef^d^  he  he- 
\  it  a  Tery  desperate  tiling,  and  he  wa«  not 
wmj  wilUn^  to  engag:e  iti  it ;  hut  when  nir 
Itaipe  Bareley  told  htm  lie  should  command 

In^pBtTt  tie  repliefi  io  French 

£1  Gm    What  is  the  meatiing  of  that? 
^^ter.  Tbere  is  an  end  of  it. 
Ah.  Gen.  Vou  say  the  prisoner  was  at  your 
M^iii^  Saturday  the   15th,  in  the  morniog^, 
VImI  diioatirfte  bad  you  there  f 

Pcrtir,  He  waa  theri?  upon  Saturday  in  the 
|,  the  15tti  of  Pebrnary,  and  Durence 
I  account  titat  the  kiug-'s  Hrst  §;uards 
««e  ^w»c^  and  the  king's  kiicUen  was  ^one 
Miirt.aod  it  was  expected  tliat  the  king  would 
|0  ibMl  eleven  a  clock  ;  bitt  it  was  <^aid,  that 
ONffWefe  a  great  uiany  preparin^f  lo  gfo  with 
kiiin,iiiAtlierefore  it  would  not  be  convenient 
W4i»il^t  day  :  Haid  I,  that  is  no  objection 
it  ill,  fMT  the  nubility  and  gentry  g*o  out  of  tiie 
Mimnma  as  the  sport  is  orer,  and  the  king 
wti  m  ^  with  a  few  (leople  lo  Mr. 


PttHichmondf  and  therefore  it  might  he 

ii««fl done  at  that  time  as  any  timet     Du* 

rucrtiiade  that  objection  at  fir^'t  himself;  and 

«Wfi  I  uiede  him  that  answer,  he  went  to  sir 

^  I  Barcley,  am!  he  came  hack  with  sir 

ga  Barcley,  and  the  prisoner  was  tbere  by 

liktlletame  time,  and  sir  George  Barcley  madtf 

I  liw  iame  objection ;  it  was  at  my  lodcring  in 

IliitJe  Hyder- street,  and  when  !  told  them  my 

••an  aj^aiDit  the  objection,  as   I    had  done 

•lirr,  they  all  n^^reed  to  do  it  that  day. 

Mr.  Phipps.    lit  that  second   meeiinfj,   did 

I  llr.  limikwotjcl  make  any  proposal  there  ? 

I    F$rl€r.  I  only  say ,  he  came  with  sir  Georije 

Bfenley,  tnd  w*bat*l  heard;    1  tell  you  sir 

Qmge  Barcley  made  that  objection,  and  I 

I  five  il  tbat  answer. 

Mr.  Bhippt,  But  what  did  he  nny? 
h/tUr,  J  cannot  say  that  I  Jieartl  Mr.  Rook- 
■Md  w^f  any  thin£^  in  particular ;  hut  tfaey  all 
fRed  to  do  the  thing  that  day. 
^  B,  Skomtr,    You  remember  nothing  that 

PW-I^,  Sir  Oeof^e  Barcley  said»  we  will 
f>  ind  prqure;    uid  be  went  away  with 


I 


[190 

81  r  B.  Shimfrr.  Pray,  when  did  sir  Geor^ 
Barcley  come  into  Etitjland  ? 

Porter,  Truly  J  Hir,  1  don't  know  that ;  the 
tjrst  lime  that  I  saw  him  after  he  came,  Mr. 
Char  nock  broug-ht  him  to  my  lodging"  tn  Nor- 
folk-street J  but  before  that,  Mr.  Chumock  told 
me  he  was  come  into  Eii£(land» 

L,  C,  J.  Hark  you,  Mr,  Porter,  when  you 
came  back  from  viewingf  the  ground  before  tlie 
Rrst  Saturday,  and  you  said  you  made  your 
report,  and  then  it  was  a^eed  that  it  should  be 
done  at  such  a  place ;  do  you  say  the  prisioner 
was  there  ? 

Att.  Gen,  No,  my  lord,  he  does  not  say  so. 
Do  you  say  Mr.  Rook  wood  was  there  at  that 
time? — Porter,    No,  my  lord,  I  do  not  say  so. 

Sir  B.  Shower,  I  am  sure  he  did  not  say  so 
befoR* ;  and  besides,  your  lordship  will  observe 
there  ia  no  «iuch  overt-act  aa  that  laid  in  the 
indictment  atjainst  ihe  prisoner,  that  Mr,  Porter 
made  his  report  upon  the  view  i  that  only  con- 
cerns Mr.  Knightley, 

L.  C.  J.  No,  that  is  not  an  overt-act,  I  agree 
it^  but  I  only  ask  the  question,  whether  the 
prisorKT  wut  there  ? 

L.  C.  J.  Trehtf.  If  it  were  an  overt- act  laid 
in  the  indict raeot,  it  would  not  aflfect  the  \in* 
soner,  because  the  viewing  of  the  ground,  and 
making  the  report,  is  captuip  Porter's  act,  and 
il  must  be  the  consulting  and  debating  after- 
wards that  must  affect  the  prisoner,  if  he  be 
coDcemed. 

Mr.  Cofiyers,  The  meetings  and  consulta- 
tions that  are  laid  in  the  iudictoient  are  tho 
overt-ociK. 

SoL  Gen,  Well,  if  they  have  done  with  cap- 
tain porter,  we  desire  Jllr.  George  Harris  may 
be  ftworn. 

Sir  M.  Shmt'tr,  My  lord,  we  beg  leave  l<x 
oppose  Mr,  Harris's  being  sworn  ;  here  was  a 
proclamation  that  did  take  notice  of  this  bar- 
barous conspiracy  to  assassinate  the  king,  and 
ihe  proclamation  did  signify,  Thai  the  king 
had  received  information  of  several  persons 
concerned  in  that  conspiracy  ;  and  for  the 
encourageiupnt  of  tJiking  those  so  accused,  he 
did  promise  a  tliousrand  pounds  reward  for  the 
taking  of  any  of  the  c^nspli-ators ;  and  in  the 
conclusion  of  the  proclamation  there  b  a 
clause,  '  That  if  any  of  the  conspirators  should 

*  discover  or  apprehend  any  of  thi*  other  per- 
*■  sons  that  were  therein  named,  so  as  thai  they 

*  should  be  brought  to  condign  punishment, 

*  such   conspirator   so  discovering  should  re- 

*  ceive  a  thousand  pounds  rewanf  for  any  of 

*  the  other  persons  apprehended,  and  his  own 

*  pardon,'  My  lonl^  we  have  a  witness  here 
ready  to  prove  thai  this  was  I^lr.  Harris*© 
case  ;  he  was  himself  in  the  proclamation,  he 
did  actually  discover  Mr;  Rookwood,  the  pri* 
soner  ut  the  bar,  and  was  instrumental  in  the 
taking  of  him;  and  consequently  U|?on  this 
clause  of  the  proclamation,  if  lie  he  brought  to 
justice,  then  is  Mr.  Harris  intitled  to  this 
reward  and  his  pardon  ;  and  conse(}uently  he 
has  such  an  interest  and  advantage  to  himself 
as  will  prevent  his  being  a  witaofis.    ll\sVt^ 


191] 


a  WILLIAM  III, 


I 


iii(teri],  ii'liere  it  U  at  the  kitt^*s  suit^  in  ft  ea- 

ItiUl  rase,  it  iit  |tretty  hard  to  say  I  bat  a  mao 
I3«  un  iiiiervt<i ;  liut  we  tbink,  as  this  c^se  is 
circumstiMitiated  ujioti  ttiis  |M'iicUiTiation,  that 
the  same  ohje^tiou  lieit  atj^aiiisl  him  tta  wmild 
4o  if  this  were  it  ti%il  cans**  j  if  we  shew  how 
lie  is  to  have  an  advanliige  hy  the  event  of  this 
cause,  then  he  is  iml  to  be  udmltied  a  witness. 

L>  C,  X  Did  he  appveheDd  any  btidy  upon 
the  pru€  lam  alio  u  ? 

8ir  B.  Skoner.  Yes ;  he  apprehended  Mr. 
Rookn ooil  himself,  or  was  the  cause  of  tt,  and 
thereby  is  intitled  to  the  reward  aud  bis 
pardon. 

Mr.  Phippt,  That  upon  which  we  f^und 
our  objection  is  tbe  ditfercnl  penning  of  the 
pioclamution  ;  for  if  any  one  that  is  not  a 
conspirator  do  but  ilbcovtr  and  apprehend  any 
of  the  persons  nsined  in  the  prndaniation,  he 
lA  intitled  to  the  thousand  pounds;  but  the 
conspirators  them  selves  must  go  funher  ;  for 
a  bare  discovtrj  and  apprehending  any  of  their 
ac4;omp1iie}i  will  not  entitle  tbt  m  to  the  reward 
nteniioned  in  the  proclamation,  but  they  must 
discov€'r  and  appretuMid  their  acuomphces  so 
as  they  be  bronjfbt  to  justice,  before  they  can 
be  eutitled  to  the  reward  ;  And  to  be  brought 
to  justice  for  any  crime,  is  in  common  under* 
ctandin^  to  be  brongfht  to  such  puuishment  aa 
the  I'*w  inflicts  for  the  offence.  Now,  Mr, 
Hanriir^i  case  is  this:  He  discovercti  Mr. 
Rooiwoody  antl  went  with  the  gnartis  to  tfje 
Compter  and  seized  l^im  :  And  if  Mr.  Hook- 
wood  iMJo't  conTicted,  Mr.  Harris  U  not  to 
bave  any  thiu^  for  his  pains;  but  if  he  he  con> 
Tjcicd,  Mr.  Harris  is  in  titled  to  the  thousand 
Dounds  and  biti  jmidon.  Aud  therefore^  surely, 
Mr  Harris  cannot  be  admitted  nn  evidence 
ftguiDSt  ^ir.  Ltookwood,  since  lie  is  to  receive 
CO  jfreai  a  benefit  by  his  conviction.  Upon  an 
iodirtmeiu  for  an  usurious  contract,  the  person 
trhofie  deed  it  is  ciinnot  he  a  witness,  because  it 
is  to  avoid  his  own  act:  So  in  an  indictment 
for  perjury,  on  the  stat,  5  Eliz.  the  party  in- 
jured by  the  perjurv  cannot  be  a  witness,  be- 
came \ie  is  to  have  lialf  the  forfeitures. 

Ait,  Gen.  I  suppose  ihey  will  make  out 
their  objection  before  they  expect  an  answer 
from  us, 

Sir  B,  ShoTser.  I  hope  your  lordsliip  will 
not  put  us  to  prove  a  copy  of  the  procUiniaiion 
from  the  iurolment,  but  that  we  may  have  the 
imme  tiivonr  as  in  the  case  ot  the  statute  book, 
that  the  print  of  it  may  be  ftUowed  for 
evidence. 

AtL  Gen.  My  lnr<J,  we  witl  not  stand  with 
them  for  tljai,  we  know  the^r  are  mistaken 
ttuoughout,  we  consent  the  procianiatlon 
should  be  read. 

CL  QjArr.  reads : 

•  By  the  King  a  Proclamation, 

*  William  J?, 

*  Whereas  bis  majesty  hi8  received  infor- 
«  mation  upon  oath,  that  the  persons  herein 
*  after  named  havCj  with  divers  other  wicked 
«  mad  Inutoious  penoaS|  catered  ioto  «  horrid 


Trial  ofAfnbrose  EooJcmood^ 

'  and  detestable  conspiracy  to  Msainnaie  i 
*•  murder  his  majesty's  sacred  pert<Wi  tor  wfa 

*  caus»e  several  warrants  for  high  treMoti  f 

*  been  issued  out  a^iost  them,  bttt  ihey  ' 

*  wittulrti^vu    themselves     from     their     i 

*  plucf's  of  abode,  aud  are  fled  frtjm  juitiq 
^  His  majesty  has  therefore  thouj^ht  fit,  by 
^  advice  of  his  privy  council,  to  issue  bU  i 

*  proclamution,  and  his  raaiesty  dotU 

*  command  and  require  all  his  loving  su' 
'  discover,  take,  and  apprehend  James  i 
*^  Berwick,  sir  George  Bardey,  major  Lou 
«  George  Porter,  capl,  8tow,  capt,   Wi'" 
■  capt.  James  Courtney,  lieutenant  Sfa 

*  Brice  Blair,  Dinanl, 

*  bers,- Boise,  George  Higgins^  ftndl 

*■  two  brotheri^,  sons  to  sir  Thomas 

* Davis  Cardell,    — G« 

• Cramburne,  Keyes, ! 

*  gross    alias    Pendergrass,    • 

* ^  Trevor,  sir  George  Maxwell, 

'  Durance,  a  Fl em  mi ng,  Christopher  Kniek 
'  lieutenant  King,  — Holmes,  sir  \\i" 

*  Parkvns,  — ^-^  RcM^kwood,  where 

*  may  be  found,  and  to  carry  them 

*  next   justice  of   peace  or  chief   ma 

*  who  19  hereby  reouired  to  commit   ^ 

*  the  next  ^a<4,  there  to  remain  uoliU 

*  thence  delivered  by  due  course  of  law^ 

*  his  majesty  doth  hereby  require  the  i 

*  tice,  or  other  magistrate,  imme<liately  to{ 

*  notice  thereof  to  him  or  his  privy 

*  And  for  the  prevention  of  the  goiag 

*  said  persons,  or  of  any  other,  into  Ir 

*  other  parts  beyond  the  seas,  his  maje 

*  require  and  command  all  his  office 
*■  customs,  and  other  hi«  officers  and  i 
'  of  and  JR  tlie  respective  courts  and  1 

*  towns  and  places  within  his  kingdom  i 

*  land,  dominion  of  Walts,  and  town  of 

*  wick  upon  Tweed,  that  tbey  and  eve 
'  them,  in  their  respective  stations  and  pla 

*  be  careful  and  dihgeni  in  the  examinah 

*  all  persons  who  shall  pass  or  endcavoarJ 
^  pass  beyond  the  seas,  and  that  tbey  do^ 

*  permit  any  person  whatsoever  to  go  latv  V 

*  land,  or  other  places  beyond  tbe  i 
^  out  a  pass  under  his  majesty^s  royal  sign  I 

*  Dual  until  further  order.     And  if  tbe^    ' 
«  diL^corer  the  said  persons  above-naq 

*  any  of  them,  then  to  cause  them  to  hmi 

*  bended  and  secured,  and  to  give 
*■  aforesaid.      Anil  bis  majesty    does 
'  publish  and  declare  to  all  pei-sons  wbd 
♦conceal  the  persons  above-named,  oraovj 

*  them*,  or  lie  aiding  and  assisting  in  the  c 
*■  iug  of  them,  or  turthcriog  their  escap 

*  tbey  shall  be  proceeded  against,  for  so 

*  offence,  with  the  utmost  severity,  ac 

*  to  law.      And  Ibr  the  encourag'emeot  of  j 
^  persons  to  be  diligent  and  careful  in 

*  vouring  to  discover  and  apprehend  tbe 

*  persons,  we  do  hereby  further  declare, 

*  whosoever  shall  discover  and  apprehend 
*•  persons  above- named,  or  any  of  them, 
■  shall  bring  them  before  some  justice  of  pea 

*  or  chief  magititrate,  as  aibrcsaid,  aball  U) 
4 


19S] 


J^  High  Trautnu 


•  wd  ttouK  n  •  vemird  the  auni  of  one  thoa- 

•  md  pood ;  which  w4  eun  of  one  thoatftiid 

•  MM,  the  Ms  oommiMioiiers  of  his  ma- 
•jtf^'i  liuiwiy  era  herebj  reqiiirtd  end  di- 

•  mad  10  Mf  aoooftltiigly .  AikI  if  any  of  the 
•faNHewve-BUiied  shall  discover  and  ap- 
*fgkainj  of  their  aecoinplires,  so  as  they 
•mj  be  braigk  to  justiee,  his  majesty  doas 
*mij  Mve,  that  every  person  makinip 
•Mh  ^tcttfaj  shall  have  his  majesty's 
^fmm  pudoB  for  his  offeoce,  aad  shall  re- 
*  CM  the  reward  of  ooe  thousand  pound,  to 
■hnTcd  in  inch  maDiier  as  afonsaid. 

'wn  at  Mir  court  at  Kensington,  the  93d 
*AvefFebni87, 1695-6,  in  the  eighth  year 
■viwragB.  God  save  rns.  King.' 

1k,Fhifp9,  My  k>rd,  the  different  penning 
tflbcdMniiiiot  only  in  that  proclamation, 
hi  it  if  dw  language  of  every  proclamation 
ttiibat^eoat  for  the  apprehending  any  of 
■afSiiiiiialuii. 

itti  ues.  Mj  lord,  all  that  we  say  in  an- 
Mlillija  obtfction,  is,  That  Mr.  fiarris  is 
■tiBBd  IB  toit  proclamation. 

IC  J.  What  say  yoii  to  that,  sir  Bartho- 
Imm^nmtf  He  ii  not  named  in  the  pro- 
*"*"■/  aad  an  if  he  hath  discovered  and 
^pihaM  the  prisoner,  he  has  earned  his 
■■ey,wWther  he  be  convicted  or  not,  beoause 
■^■"iPi  Dane  is  in  the  proclamation,  tho' 
liiiBML 

Jk,Hifft.  Then,  my  lord,  with  hnmble 
^■Mi here  is  another  proclamation  where- 
■^•■■•■ed;  we  desire  that  may  be  read. 

fcLtto.  Aod  when  it  is  read,  it  will  be  as 
■*J*fW  purpow  as  the  other. 

J^^yca.  Let  them  read  what  they  please, 

MBhi^Bothing  at  all  to  it. 
^kA  Certainly,  upon  this  proclamation 
■■■■•ijection;  for  he  is  intitled  to  his 
jiy  iheadj,  though  iUwkwood  be  never 

SkPkipi.  But  is  he  not  by  this  proclamu- 
ii^  wlirh  mentions  his  accomplices,  intitled 
MAhpardQa?  If  bo,  he  swears  to  secure  him- 

I  (I  /  By  the  apprehending  and  discover- 

ktkg m BBtlcd  to  bia  pardon. 
Mr.  Pkipft,   But  not  without  he  be  brought 

kJHriee;  that  b  to  say,  till  he  be  convictert ; 
inCvv  be  cannot  be  an  evidence  to  convict 
Ik 

L  C.  J.  That  is,  as  lo  any  that  are  there 
itoed,  if  any  of  them  discover  and  apprehend 
^  aaother,  it  mOst-  be  so  as  thnt  they  be 
b^  lo  juljce:  hut  if  any  person  that  is 
■iMBed  there  does  apprehend  any  that  is, 
ha  iatitled  lo  the  1,000/.  barely  by  the  ap- 


Ur.FkippM.  Then  there  is  another  procla- 
■laa  where  they  are  both  named,  as  Mr. 
MftwDcid  tells  me. 

fc&SAsver.  My  lord,  we  will  set  this 
Mlv  right ;  w«  will  show  the  other  procla- 
■NB,  in  whidi,  if  I  am  ri^tly  informed,  for 
kMCBBt  nad  it,  Mr.  Hams  is  named. 
Ju.Gtu.  IfyMhBVtBotmd  It,  I  would 
VOL.  XII. 


A.  D.  1696.  [194 

advise  jrou  not  to  trouble  the  court  with  it ;  for 
you  Will  find  the  latter  part  is  restrained  to 
three  or  four  particular  persons,  of  which  he 
is  none. 

Rookwood.  I  am  named  in  the  proclamation. 

Ait.  Gen,  Aye,  but  read  tho  latter  part  of  it, 
and  you  will  find  you  are  not  named  in  the 
clause  that  they  referred  to :  yon  need  not  read 
the  former  part  of  the  proclamuUun,  wc  a^ec 
the  prisoner  is  named  there,  but  only  look  to- 
wards the  bottom,  which  is  the  clause  that  they 
refer  to. 

C7.  ofAr,  (reads).  «  And  we  do  hereby  fur- 
*  ther  declare,'  &c. 

Att.  Gen.  They  have  not  considered  the 
proclamation,  and  therefore  make  an  objection 
of  they  do  not  know  what. 

Sir  B,  Shower,  We  ore  in  }?our  lordship's 
judgment. 

L.  C.  J.  For  what?  See  if  you  can  make 
or  state  a  case  for  otir  judgment. 

Sir  B.  Shaver.  Mr.  Rookwood  is  mentioned 
in  the  first  proclamation,  and  Harris  is  not: 
but  there  are  the  word  accomplices :  he  is  like- 
wise mentioned  in  the  last  proclamation,  but 
not  in  the  last  clause  of  it.  1  confess,  if  he 
had,  it  had  been  plain  it  would  have  taken  off 
his  testimony  ;  but  now  we  must  submit  it  to 
yon,  whether  he  is  not  an  interested  person^ 
and  consequently  no  good  witness. 

L.  C.  J.  Truly  I  £>  not  see  any  colour  for 
the  objection,  is  he  not  as  well  intitled  to  hia 
1,000/.  though  Mr.  Rookwood  hail  never  been 
ti^'d,  by  the  bare  apprehemling  of  Mr.  Rook- 
wood, as  if  he  was  convicted  ? 

Sir  B.  Shottcr.  No,  my  lord ;  because  the 
I  words  are,  so  as  he  may  l!e  brought  to  justice. 

L.  C.  J.  That  is  not  so,  as  to  any  person  that 
apprehends  one  mentioned  in  the  proclamation, 
if  the  person  that  apprehends  be  not  mentioned 
in  it,  and  named  himself ;  if  any  one  that  is 
not  mentioned  apprehend  one  that  is  mention- 
ed, he  is  intitled,  by  the  apprehension,  to  the 
1,000/.  If  any  one  that  is  mentioned  appre- 
hand  another,  then  he  is  to  bring  him  to  jus- 
tice ;  now  Mr.  Harris  is  not  named  in  this  pro- 
clamation, and  so  as  to  the  1,000/.  he  stands  in 
the  same  condition  as  any  other  person  that 
discovered  or  apprehended  one  of  the  persons 
there  nnmed. 

Sir  B.  Shtrtrer.  But  it  seems  he  was  one  of 
the  conspirators,  liecanse  he  is  himself  described 
in  another  ])roclamation.* 

Att.  Gen.  If  it  were  so,  it  would  not  be  ma- 
terial, nor  any  manner  of  objection  ;  but  as  they 
have  made  tfieir  obji^ion  upon  ibese^  procla- 
mations, we  think  there  is  nothin^j  for  us  to 
give  an  answer  to. 

Mr.  Cow  per.  Nay,  my  loni,  if  it  were  so, 
will  sir  Bnrtliolfimew  Siiowrr  say  his  client  is 
not  broiitrht  to  justice  unless  he  be  cK»nvicted  ? 
I  am  sure  the  wonls  *  convicted'  or  *  attainted,* 
are  not  in  the  proclamation. 

*  As  to  the  admittin*;  the  testimony  of  a 
Particeps  Criminis,  see  Howard  v.  Shipley, 
4  East,  180 ;  and  see  4  East,  ^^  686. 

O 


195J  S  WILLIAM  III, 

i.  C.  X  There  is  notliiug^  in  it:  yoti  roust 
twear  Mr.  Harris.     [Which  wa*  done  acconl- 

SoL  Gfti,  Will  you  give  an  accounl  to  oiy 
lord  aud  the  jury,  whut  you  ka<>w  of  this  cun- 
spiracy  against  tlie  kii^s  lite,  from  the  <irfil 
lime  you  were  acqu&iiited  with-  it,  aad  what 
liatKl  the  prisoner  ut  the  bar  bad  ki  it. 

Att,  Gen.  Pray  gire  an  account  of  ihe  whole 
things  your  coroing  over,  ami  who  sent  you, 
and  u|Miu  what  errand,  and  the  whole  tlmt  you 
know  of  this  conspiracy . 

Cap«,  /i»rn>.  Upon  I  he  14»b  uF  January 
last,  the  Fmich  Sule,  N.^i,  I  was  at  8t.  Ger- 
irt:)Lns,  whtrc  I  wa^i  sent  for  by  kiii<j  Jarae«, 
and  was  ordered  to  wait  his  dinner  till  it  was 
over,  ayd  accord iticrty  1  did  wait  till  bis  dinner 
was  oyer  J  and  then  i  came  in,  and  col.  Parker 
%vjts  with  hirn,  and  one  Mr,  Hare,  who  is  also 
moniioucd  in  the  procbmatlim,  was  there  also: 
lite  kill i*'  told  (lie  he  was  sensible  I  had  served 
btni  well,  and  now  he  had  an  opiTortuoity  of 
doiuif  sonifthinj^  for  me;  htitold  m*  he  would 

;id  tin;  into  Eo|^laud,  where  1  should  be  aiib- 

tr<!,  and  I  was  to  follow  the  orders  o\\  sir 
Cieorg^e  RttrrJf  y  ;  and  accoi  ding"ly  be  ordere*! 
toe  ten  kwidortsto  be  paid  by  Mr,  Caroll,  who 
is  secretary  to  the  lute  ([neen  ^  and  colonel 
Parker  wt;i)t  aloiiLf  uilh  me,  and  Mr.  Hare,  to 
Curoll,  an<t  told  him  be  aime  IVom  the  kin«;\ 
and  wc  hud  the  lewidi^rcs,  Hud  we  nent  to  Ca 
bus,  in  order  to  «inr  coniirtn^  over  luiher:  But 
we  wtre  told  if  we  were  wind-Liouni].  that  the 
money  we  received  would  not  Ijcur  our  chartjfi'* ; 
the»e  w;is  orders  pven  for  our  further  s^ubsisN 
ance  ai  Calais,  to  the  president  there,  Accoid- 
ijijrly  we  came  to  Calais,  and  the  wind  did  not 
ierve  us  tor  eif^Ui  or  nine  days;  and  v^hile  I 
stayed  there,  the  money  that  1  spent  at  Caluls 
wu>  piiiil  by  the  president  of  Calais,  Monsieur 
Lutour.  Afterward!;  i  landed  in  En^landi  near 
Uomncy  n^ai-sb,  as  1  was  told,  and  I  came  to 
the  house- of  one  Huni^  and  be  provided  me 
a]vd  iriy  eonirude  with  u  couple  of  borseis;  and 
cjominj^  from  tbencef  I  came  in  the  tirst  pUiee 
to  one  Tucker^s  an  a|K)ihecary  in  Sand  way  ^ 
and  next  from  thence  we  came  to  R  jche»ter, 
to  CharleH  Croft's,  and  from  thence  in  a  coach 
to  Grave^iend,  and  from  thence  by  v%ater  fo 
Ixindou:  That  ni^ht  we  lay  in  Grace-Chnrcb* 
street  at  an  inn,  it  beiujr  night,  the  night-tide, 
ani!  something  late.  The  next  day  1  came  to 
fi  lod^iikg  at  auactfuaintaoce's  of  my  comrade's, 
Mr,  Haie,  at  the  Unicorn  in  Browulow-stixei, 
one  Mi.  \Vatoman*s.  The  neJtt  m^ht  1  went 
to  look  lor  mv  (ieon^e  Bjircley,  whom  the  kiiSg' 
told  me  i  should  certainly  tiiid  by  »uch  a  sifrti 
of  a  wliili*  handkerchief  haogin^f  out  of  hi*? 
pucket,  on  Moiidays  and  Thursdays,  in  Covent 
Ourdeo,  wl^ere  bia  walk  was  to  be  iu  the  even  - 
ing^,  becniiNC  be  was  nut  to  appear  in  the  day- 
time openly,  ft  iuippcnrd  that  tij^oii  Monday 
flight  after  I  came  tt>  tow  »i,  I  went  there  and 
did  not  tind  sir  George  Bjndey  accordlnjof  to 
the  kind's  dirrctioti,  which  i  admired  at;  but 
tbcre  wat»  one  Mr*  Berk^nb^adt  who  ftotd  my 
coimada,  a  day  or  two  ailcr,  Tb^t  lir  George 


Triat  of  Ambrose  Ro€ihxood^ 


[ 


Barclay  would  mscds  speak  with  me,  and 
conlitij^ly  1  met  with  bim ;    and  he  askod 
liow  the  kim^,  queen,  prince,  and  princeis  i 
and  I  told  him  they  were  ?ery  well ;  I  told  1 
1  was  appointiHl  lo  attend  htm,  and  obey 
orders.     He  told  me  he  had  no  mon^y  at  f 
sent,  but  in  two  or  three  days  he  would  m 
some  ;  and  so  he  did,  by  major  Holfnei. 
bad  live  shillings  a  day  for  buintstetice, 
had  no  horse  ;  and  when  I  had  a  horse,  tl 
six  sbdlinG^j  a  d9.y  \  after  which  rate  1  bad 
sisteiice  for  a  month  at  five  shilling's  a 
Sruincas  going  then  at  thirty  shillings.     W 
Holmes    paid  me  the  moit(::y   by   sir  Ge 
BaiTley  V  oitler,  as  he  told  me,  and  ' 
w  ards  gave  mc  a  j^uioea,  and  that  was 
Satunlay  when  tbt*  a.^sa8Sioatjon  was  d 
for  that  we  told  hhu  we  watited  moi 
was  net  reabonable  we  should  take 
out  of  the  stable  before  we  paid  for  theiu: 
I    met  sir  George   Barcley  several   tii 
CiMrcot  Garden,  and  he  to  hi  mc  it  was. 
ciou^  place,  and  de<«ireil  me  not  to 
more  there  i  but  when  he  had  any 
ordeis  to  give  me,  be  w  ould  g'ive  me 
it  where  1  libould  meet  Uim  ;  and 
I  did  meet  him  several  times. 

Alt.  Gen.  Now,  Sir,  will  yoM  tell 
know  as  to  the  prisoner  at  the  bur  '^ 

Hants.  As  to  Mr.  Kookwood,  the 
that  the  assa>Bi nation  wa^i  diKi^iu'd  to 
Hrst  lime  that  I  knew  of  it,  i  met  Mr. 
wuod,  Qt  one  Mr,  i^orck^s  lodging*,  wbcte 
was  up,  and  t  saw  him  in  a  ^rcat  hurry 
MMtM!  eun«Lernation,  and  in  cau>e  M,  iiornard 
]  asked  bim  the  meanini^  of  it,  and   what 
were  uoiny'  abimi ;    and  5lr*  Umikwoitd 
me,  if  I  would  go  down  to  captain  Couul 
(ibonid  know  -,    accordingly  I  went,  and  to 
best  of  my  rmnembratice,  he  jfave  me  a  li 
iH>te  lo  captain  Couuter*  but  that  I  am  Dot 
Sktive  in.      1  went  to  ea|itaiii  Counter,  and 
soon  as  ever  I  came,  he  told  us,  we  must 
immediately  reudy  lo  ^o  to  Tumham  Greepi 

Ati.  Oen.  Where  was  that  ? 

Hnrris.  Ai  the  Woolpack,  that  was  tbei 

aii  near  a-ii  I  remember.    Mr.  Mare 

I  were  oi-deretl  together  to  come  there, 
there  was  Mr.  Uuugate,  who  had  Ikceu  tl 
smne  time,  and  when  I  came  in,  sir  Get 
Hrtrcley  ilid  dcclur*?  lau^hioi^,  *■  These 

*  jani?isaries.'      And    he  talked   sometl 
brintj^inu:  the  garter,  auil  of  .illacking  thei 
btit  he  went  out  of  the  room,  utid  af\i 
he  came  in  and  det*laretl»  '  W  b*  are  all 

*  honour,  and  that  tiw  business  we  we 

*  about,  was  to  attack  the  prince  oJ         _ 
but  Dnrant  came  in  alYer  that,  and  said,  * 

*  prince  of  Oranije  did  tint  go  out  that 
When  he  talked   of   attacking  the  prinoft 
Orange,  i  was  very  rimcb  startled,  not  km 
ift^  any  thin^  of  it  l)ctbre ;  and  1  Came  the 
uioiniug  to  Mr,  Rook wotkI,  and  asked  bi 
we  werti  to  be  the  mnrdcrf  rs  of  the  pridca 
Oranifet    Sa^'g  Mr,  Itookwood  to  me, '  I 
"^  afraid  we  are  drawn  into  some  such  husim 

*  but  it*  i  had  know  a  it  before  I  catoe  orarj 


m 

«%3cf mains,  tnd  ool  have  came  over  hither:' 

nd  taid  I,  *  This  is  rery  fiuc,  we  have  served 

'to  a  very  good  purpf*se,  to  he  «e(it  oFcr  upon 

*iucb  •!]  errifid  and  iiccount.*     After  this  Mr 

RooIcvioihI,   nod    Mr.   Lnwick,  and   I,  had   a 

iB««ting  at  Retl  hyou  Aeh1^»  where  we  did  dis- 

CQune  about  the  mutter.     I  did  often   declare 

against  it,  that  it  wax  nt*  hnrharous  a  thingf,  that 

oa  man  <»f  ht^oour  almost  woidd  he  g"iiihy  of  it ; 

tet  major  Lowjck  an<iwtred,  That  ue  were  lo 

dhiy   orders ;    for  sure  sir    George    llarcley 

wmd   not  undertake  a  thtug  of  that  Dature 

VftlMKit  orders. 

^^^Att*  Gen*    Pray  what  said  Mr.  Rookwood  ? 

^V  Barris,  lie  owned  it  was  a  harharous  ihtn^ ; 

^Ml  lie  was  sent  over  to  ohey  liir  Gtorge  Bnr- 

Hpj%  orderB,  which  he  had  several  limes  de- 

Hkunid   be  was  resoked  to   do  ;     upon    Ihnt 

wi»  pCftet) :     So  afterward?   I    came  to  Mr, 

BmihriHMtV  ltM%itig;     it  was  the  Saturday 

wmvmg    I    catfie  to  him,  and  no  weut    to 

■r  Gf*>nje    Barcley*s ;   while   he   was  there, 

Hr.    F*  !    gate    me    a    note,    naminif 

•»  ma  ,    pariicularfy   Mr.  Hnn^^ale^ 

Sfr.  Huafiird,  Mr.  Hare,  and  his  own  name  at 

top,  not  the  name  that  he  is  arraigned  by  here ; 

^  a  «liaiu  name  that  he  had|  as  the  rest  of  tis 

ill  hid  fiham  names,  which  at  that  time  we 

wcntlr^. 

L.  C,  J.  What  was  your  name  ? 

Hams,  My  name  is  Jetikias. 

L,  C,  X  Who  gare  you  that  name  ? 

ficiTti.  Kin*?  Jaines'al  8t.  Gerinnrns»  and 

legpffeBff.  Hare  the  name  of  GuiDey^  and 

Mt*  liwlrwood'^   name  wns   Robert*;,     ^^ng 

liMilold  us  in  hiis  bed  chamber,  we  were  to 

filjribHe  Dames. 

w.  Gen.    Pi'aVi  Kir,  what  did  Rook  wood 
•fivyiio,  when  he  gave  ymi  that  lii^t? 

Bp^ii.  He  ir»!d  me,  he  was  to  go  t<i  Turn- 
^QB  green>  and  1  waii  to  |^o  alonfjf  w'nh  htm^ 
todnya  he  to  me  stiiilin2"i  *  You  J^hall  W  my 
lidde  eainp  ;  and  g'et  the  rest  of  tlie  gonfle- 
■fO  fvmdy  :*  and  aceordinpfly  I  went  t'>  look- 
er lererai  of  the  ]»ersun^ — pariitrularly  *or 
Hf*  Bludttntrrie  ^  ^  hen  !  came  back  ag^tn, 
t  foood  him  lyini^  on  hts  bed^  and  thnt  sir 
L  Ccocge  Bare)ey  had  told  him  the  prince  of 
I  %miigt  did  not  go  out  that  day  ;  and  from 
I  ^kmett  we  went  lo  dinner,  where  miijor  Low  irk 
€aed  with  us,  and  Mr.  Bernard e  and  major 
UwirJc  seeing  me  in  a  heat,  aske<l  me.  Why 
I  iru  IQ  such  a  s%veat  ?  I  toJd  him  I  were^et- 
tinj^lboiie  men  really  for  Mr.  Rookw not) ^  who 
bi^  made  me  his  aid  de  camp ;  says  majnr 
Lawtek  to  me,  You  may  very  well  do  il^  for 

rMi  have  six  shilfhirjs  a-day  allowed  you,  and 
Iwte  nothing';  I  hnnji;-  two  m».'n  at  my  own 
cbari^.  Said  1«  Major  Lowick,  I  wonder  you 
^  ftot  apply  3'nurieH'  to  fir  George  Barclcy, 
lad  tlien,  I  Wieve,  yon  may  be  subsisted  t€H[». 
Hemtwered  me,  He  did  not  think  it  ivnrth 
ilKwItiJeto  trouble  him,  since  hir  had  never 
mfkt  to  him  of  it  before :  aod  Uookwood,  and 
mnmgde^  and  Lowick,  and  myself,  several 
lioei  met  b  Red -Lyon -fields,  and  talked  of 
I  the  prince  of  Orange* 


Alt.  Gen,  Who  did  T 

Harris,  R^okwood,  Bemarde,  I^owick  and 
myself^ 

Alt.  Gen,  P»^t  Sir,  let  me  aak  ymi  one 
one  question.     Where  was  your  horsse'at  6rst? 

Harrh,  At  first  it  was  at  my  lord  Fever- 
shames  stables,  as  tliey  told  me,  in  Somerset- 
House. 

Alt,  Gen,  Where  wera  the  other  persons 
bcrrses? 

Mortis.  There  vva<«  Mr.  Himgate^s  and  Mr. 
Harems  hcirsies  in  the  same  place,  at  the  same 
time,  UA  tli<iy  told  me. 

Alt,  Ccn,  How  came  you  by  yoiiir  horse 
there  ? 

Harris.  Major  Holmes  did  deliver  my  horse 
and  committed  it  to  my  care,  aod  I  carried  it 
thence  lo  another  place, 

Ati.  Gat.  Did  you  ob^^erre  there  was  any 
more  faorses  there  ? 

Harris.  I  beliere  there  was  five  or  siac,  as 
near  as  I  can  guess. 

At  i.  Gen.  Do  you  know  where  Rook  wood 
was  to  have  his  horse  ? 

Harris.  He  had  a  horsey  but  whence  he 
had  it  I  do  not  know. 

Alt,  Gen,  Had  jou  any  arms  delivered 
you? 

Harrii,  Yes,  I  had  by  capt.  Conoter. 

Mr,  Concert,  Were  you  at  do  other  place 
together  that  Saturday  night,  the  22d  of  Fe- 
bruary, lie  cause  you  say  you  dined  together  ? 

Harris.  Yes,  we  were  at  the  Bear  tavern. 

M  r.  Cmiyers,  W  hut  discourse  passed  betM  ccn 
you  there? 

Harris.  They  were  talking  about  the  assas- 
siuation  ;  but  what  any  particular  person  said, 
f  can  ant  tetl. 

Mr.  Conifers,  Pray  who  were  there  ? 

Harris,  There  it  is  Mr,  Kui^hlly,  captain 
RooKwond,  and  Mr.  King;  and' Knightly 
went  mtt,  and  came  iu  again,  and  dechred, 
we  must  btive  a  jjrent  deal  of  rare  of  ourselves 
or  weshonhl  he  taken  up :  and  he  whispeied  at 
fir*it,  and  lifter**  ards  I  asked  him  whit  it  vias ; 
and  he  t<»M  me,  and  said,  '  We  must  have  a 
care  of  ourselres,'  Says  Mr,  King,  staring 
ihis  way  with  his  eyes,  *  Surely  God  Almighty 
is  on  oilr  side  ;'  and  so  we  partctl, 

X,  V.  J.  Whcii  was  this? 

Harris.  This  was  the  ui^^ht  of  Raturday  the 
22d,  wlien  il  wsis  discovered;  for  souie  Oilhem 
were  taken  tip  the  next  day. 

An,  Gen,  Was  Rook  wood  there  at  thai 
time  at  tlie  liear  tavern  ?     , 

Harris.  I  cauBot  positively  tay  whether  he 
was  or  not, 

Att,  Gen.  What  discourse  had  you  there? 

Harris,  We  t:\lked  of  assassinating  the 
kin^;  but  what  it  was  in  particular,!  1  cannot 
tell, 

L,  C,  J.  W  as  Rookwood  there  ? 

Harris.  Yes,  I  beliirte  he  was ;  hut  1  cannot 
positively  say. 

L.C.  J.  You  say  it  was  the  la^st  Saturday 
that  the  king  was  to  g»  abroad,  that  you  appre- 
hended yott  were  ditco?cred  f 


199] 


S  WILLIAM  m. 


Harris.  Yei ,  we  apprabeiided  we  were  di»- 
oofered  before  that ;  tor  Mr.  Lowtck  told  me 
that  three  or  four  days  before,  in  that  week, 
that  his  name,  and  one  Harrison's,  were  given 
into  the  council,  and  another,  and  another, 
two  or  three  of  them,  as  he  told  me  ;  I  think 
three  or  four;  and 'upon  that  account  major 
liowick  went  from  his  lodging,  and  did  not  lie 
at  bis  lodging  the  night  bc&re ;  and  I  came  to 
major  liowick,  and  he  told  me  the  same  thing 
at  the  King's -arms  ta?em. 

Att,  Gen,  Can  you  remember  what  discourse 
you  had  that  Saturday  night? 

Mr.  Cowper.  You  say  that  on  Saturday  the 
93d,  Mr.  Bookwood  ga?e  you  the  list. 

Harris,  i  do  not  say  it  was  the  SQd,  for  I 
cannot  swear  to  the  day  of  the  month ;  but  it 
was  the  second  Saturday  that  we  were  to  hare 
gone  about  this  business. 

Mr.  Cowper.  You  say  he  gare  yon  a  list  of 
names :  pray  when  he  gave  yon  tmU  list,  what 
discourse  hapi)»2Dcd  in  the  room  just  before,  or 
miler  the  giving  of  the  liit? 

Harris,  Sir,  I  think  I  told  the  court  that  be- 
fore. 

,     Mr.  Ccmptr,    Sir,  I  desire  yon  would  re- 
peat it. 

Harris,  My  lord,  T  humbly  desire  to  know 
whether  I  am  to  answer  that  gentleman  that 
question  ? 

L,  C.  J.  Yes,  you  are  to  answer,  being 
upon  your  oath,  until  to  tell  the  whole  truth. 

Mr.  Cowper.  I  asked  him  the  question  so 
fairly,  what  discourse  introduced  the  giving 
of  the  list,  and  what  followed  upon  it,  that  I 
perceive  this  gentleman  does  not  know  which 
side  I  am  of. 

Harris,  Mr.  RooLwood  said  we  were  to  <^o 
to  Tumham  green ;  and  he  told  me,  that  I  wus 
to  be  one  of  his  party,  that  we  were  to  attack 
the  Prince  of  Orange. 

L.  C.  J.  You  suy  yon  were  tci  be  one  of  his 
party ;  prav  was  it  there  that  he  tuld  you,  you 
should  be  his  aid  dc  ramp  ? 

Harris.  Yes,  he  did  tell  me  I  was  to  be  his 
aid  dc  camp. 

Mr.  Fhipps,  Whose  hand  writing  was  that 
list? 

Harris.  1  cannot  tell,  1  iuul  it  fVom  that  gen- 
tleman. 

Mr.  Phipps,  Rut  whose  n  riling  was  it  ? 

Harris.  Indeed  I  know  not  bisTiand-writin^, 
and  therefore  cannot  tell  whose  it  was  :  he  w 
for  his  life,  but  I  believe  he  cannot  deny  any 
thing  that  I  have  said,  I  suppose  not :  i  should 
bo  very  sorry  lo  accuse  Mr.  Ruokwuoil  of  any 
thing  that  was  not  true. 

Mr.  Fhifps.  Pray  whose  names  were  in  that 
list? 

Harris.  I  have  mentioned  Mr.  Hare,  Mr. 
Hanford,  Mr.  Blackburne,  myself,  and  you, 
Mr.  I^kwood,  had  your  own  name  at  top. 

RookKood.  IVhattt  that  Blackburne? 

Harris.  He  is  a  Lancashire  man. 

Hookmood.  it  is  a  very  strange  thing  I 
■hookl  give  you  a  list  with  a  man's  name 
that  1  &  not  know ;  I  declare  it,  I  know  no 
■ucbponm. 


He  gave  it  into  my  hands,  and  hai 
me  agam,  or  I  threw  it  away  aftpr- 


Trial  tfAmbrote  Rookwoodf  [XW 

Harris.  'Mr.  Rookwood,  I  belkvoyovoi 
very  sensible  I  do  not  accose  you  of  any  thnf 
that  is  not  true. 

Mr.  Phipps.   When  did  you  see  that  list 

last?  '^  ^ 

Harris. 
it  from 
wards. 

Hookmood.  But  you  that  were  to  be  an  evi- 
dence ought  to  have  kept  it  to  justify  your  evi- 
dence. 

Harris.  Truly  1  did  not  intend  to  have  besn 
an  evidence  at  that  time. 

Att,  Gen.  if  they  will  ask  him  any  qucstioM^ 
let  them. 

Sir  B.  Shower.  No,  indeed,  I  will  ask  him  no 
questions. 

Ati.  Gen.  Then,  my  lord,  we  have  another 

fnece  of  evidence  which  we  would  offer  to  yonc 
ordship,  which  is  not  direct  evidence  agaiasl 
the  prisoner,  hut  only  to  prove  a  circumaCanoi 
or  two  of  what  has  ali-eady  l>een  sworn  :  wtt  do 
acknowledge,  my  lonl,  it  does  not  aftctNr. 
Rookwood,  but  only  to  strengthen  and  eonfini 
what  they  have  sworn. 

Sir  B.  Shower,  With  submission,  we  hopo  It 
will  not  be  eviilence  tit  to  be  given  as  to  the  pn« 
soner  at  all ;  for  because  a  man  may  i 
true  in  the  particular  circumstance  of  a 
that  therefore  he  swrars  true  what  he 
against  the  prisoner,  1  ihiuk  is  no  consequ 
in  ilic  world. 

L,  C,  J.  ft  is  a  thing  distinct  and  foreign  Is 
the  matter^  as  to  Mr.  Rookwood. 

Att.  Gen,  Mv  lord,  we  do  not  say  itdiradltf 
affects  Mr.  Rookwood  ;  but  when  your  l<irdili|^ 
bus  hcurd  it,  we  shal^ submit  it  to  you,  how  w 

it  conlirms  even  the  evidence  given '^^ 

him. 

Mr.  Coni/ers.  My  lord,  we  say  the  pn 
was  to  have  his  horse  from  SuinerseU bouse; 
and  that  there  were  horses  placed  there  for 
that  purpose  we  are  going  to  prove. 

Att.  Gen.  My  lord,  it  is  one  entire  ooupi- 
racy,  in  which  every  one  had  his  part;  ont 
was  to  have  his  hordes  and  bis  party  in  ent 
place,  and  another  in  another :  Now  that  thcit 
were  at  such  time  such  horses  at  SaoMmsl- 
house,  and  tliose  horses  were  i lelivereit  out  fioa 
Somerset- house,  is  certainly  a  confirmation  tf 
the  truth  of  what  the  witnesses  have  said. 

L.  C.  J.  It  is  so.  If  that  be  it  you  offer,  it  ■ 
very  material. 

Mr.  Coni/ers.  We  shall  prove,  That  upnn 
the  disuppointiiient  nn  the  iiist  Saturday,  tkt 


15th  of  February,  th«*y  were  to  be  ready  agniMl 
the  22d ;  and  you  will  hear  how  the  honm 
were  diK|iod<Ml  of  in  the  mean  time.  Call 
Chamberlain,  Maskel,  and  Allen. 

Att.  Gen.  Call  any  of  tlK.>m,  I  believe  itii 
enough. 

(Mr.  Chamberlain  appeared  and  was  sworn.) 

Att.  Gen.  Pray  will  ynu  give  my  lord  md 
the  jury  an  aucount  what  you  know  of  UM 
horses  that  were  brought  to  SomeiMi4M«i» 
abont  February  laat.  and  how  long  they  i 
there  ?  -^       ^ 


Jqt  High  Tremm* 


A.  D.  1696. 


[2QB 


There  ivas  six  horses. 

Aii.  Gem,    Who  bn>u|^hl  tUew  in  f 

OmmUrU^t.  They  were  sent  in  by  iom« 
pcnoo»  in  Mr.  Lewis's  Dstne. 

AtL  G€m,  Had  you  a&y  direction  to  take 
tweof  ibeaif 

Ckmi^bfrUiin.  Mr.  Lewis  sent  in  a  note  to 
1^  cafe  or  them  for  a  ni^fhtor  two. 

iff.  Gtm*    Who  carried  tJiem  away  ? 

Ciaiiiieri!<t*a.  f  cannot  tell  ;  some  people 
eiaa  to  wtt.  tbeui  thtU  1  oever  saw  before,  and 
di«f|ookcM«  of  them;  I  know  not  who  Utey 
«af,iiMl  I  defer  saw  tljera  since. 

Ml  Gen.  What  tiuae  waa  it  that  they  came 
lirihn? 

Ckamktrlain,   U  was  about  the  middle  of  the 

Att.  Gen,  W  hat  monlh  wasi  it  m  ? 
CkamhTiitin,  I  think  it  was  much  about  the 
baer  end  of  February,  to  the  beft  of  my  re- 


Ail  Gen.    How  kmg  was  it  before  the  plot 
[  m  disoovered  ? 

fTTTTiff-^  "     It  waA  about  a  week,  or  a 
mttlier,  before  the  plot  was  discovered, 
beat  of  my  knowled^re, 
.  Gem.  How  luog  staid  the  horses  there  at 


Tliree  of  them  staid  a  nigrht  or 
-tet  the  otlier  tliree  of  them  about  a 
'  of  n  week  or  ten  days. 
I,  G^n*  Who  <*\vncd  thcM»e  horses  ? 
_  ..riain.  They  w^-e  sent  m  in  Mr: 
»>  iMjne  ;  but  who  owueil  theoQ  I  cannot 
ndeeil. 

lU.Oivjferf.  Then  swear  John  Allen*  [Who 
mom.]     Pmy  tell  mv  lords  aart  the  jury 
jou  know  coucerning-  any  horses  aoout 
I  the  one  of  the  breakmiic  out  of  the  plot. 

dU,  Gen,    We    mean    in    Soon ei set-house 

m*  There  was  seren  horses  came  in. 
,  C^wtn.  Who  brought  iheio  ? 

AUen,  There  was  six  in  the  firsl  place  j  one 
MIM  is  aiier wards  io  ihe  evenitig. 

Mr-  C^myeri,  By  whose  order  were  they 
WMnrlit  there  ? 

Mien,  By  Mr*  Lewis's  order. 

Aii,  Gen,  How  loni^  did  iltey  stay  there? 

Alien.  Home  of  tiiem  stuid  there  several 
^lyi ;  ihrM  of  them  went  away  the  next  day, 
» I  thuik. 

Mr,  Cemiftri.  Bo  you  remember  about  what 
ine  tlmae  horses  were  brooght  thither  ? 

AUim*  They  weye  brouf  ht  there,  I  beheve, 
ibout  trfreo  or  eight  days  before  the  plot  broke 

J^,  Gen.  ftly  )onl«  we  only  ckll  thewe  wit- 
M^ci  to  confirm  the  testimony  nf  the  others. 
Ibt  them  wisre  auob  burses  there  at  that  tinie, 
lid  Ibr  lliejpinent  we  rest  it  here. 

L,  C,  J.  Then,  gentlemen,  what  say  you  to  it 
fcr  the  pritoiier  f 

Uk  B.  Sksmer.  If  your  lortkhip  pleaae,  we 
Hiofoou— cJ  for  the  prisoner  ;  and  ih  .t  which 
^  aie  40  tnaiat  upon,  is  tkk,  which  we  submit 
to  your  iordsKipA*  jndgmeut ;  1  u  the  fifpi  place, 


whether  here  be  two  wttneaaes  against  the  pri- 
soner to  proTe  this  treason  ^  according  to  tbs 
statute  of  Edw.  6,  which  ref|atrestwo  witiiessei 
in  High -treason,  and  lawful  ones  ;  but  that  in 
the  6rst  place  we  say,  there  are  not  two  wit* 
nesaesat  all,  at  least  not  to  any  overt-act  ibatis 
laid  in  this  indictment.  As*  to  what  captain 
Porter  snys  of  what  passed  between  him  and 
Durance«  the  dialogue  between  them  where 
Rookwood  was  preseut,  we  are  in  your  jordship^s 
direction  ;  and  we  doubt  not  but  I  he  jury  will 
take  It  into  their  coDsideration,  how  fur  ihat  af- 
fects the  prisoner  ;  that  he  shall  not  be  eun- 
cerned  in  any  trarisaction  lietween  Mr,  Porter 
and  any  other  persons  ;  none  of  their  declara- 
iiooK,  none  of  their  treasonable  practices,  can 
be  imputed  to  or  aflect  him  in  any  way  what- 
soever. Now  all  that  captain  Porter  says  of 
Mr.  Rookwood  is,  that  he  was  once  at  the  Ulobe 
tavern,  and  there  was  a  discourse  about  this 
matter  ;  and  then  he  telU  your  lordtbip  of  a 
dialo<^ue  between  him  and  Durance,  and  an 
account  of  what  passed  between  them  ;  but  he 
floes  not  say  any  thing  of  Mr.  Rookwood  being 
any  ways  concerned  in  the  matter,  but  only 
that  be  dropped  this  eiprcssitm,  it  was  a  des- 

Kerate  adventure,  a  dangerous  enterprise,  and 
e  seemed  against  it ;,  out  in  tlie  end  he  con- 
cladpd  i*ith  something  in  French,  which  what 
they  are,  and  what  they  mean^  we  must  f^tdimit 
to  your  lordship  and  the  jury  ;  he  interprets  it, 
when  sir  Georfje  Barcley  said  he  must  have  a 
share  in  it,  then  Rookwood  rcpUeil,  There  is  an 
end  of  it  But  there  i^  not  one  word  of  aj^ree- 
ment  sworn  to,  that  Air.  Rookwocid  spoke  to 
»hew  his  consent.  There  is  hut  utie  time  more 
that  Mr,  Porter  swears  to^  about  the  prisoner  at 
the  hiir^  and  that  is,  at  his  lodgiog<t  in  Little- 
Rid  or- street  ;  for  as  to  the  other  consult*,  Mr. 
Rookwood  was  not  present  there ;  ll  sesfiis 
there  was  a  discourse  about  the  affair,  but  that 
Rookwood  said  nothing,  hut  went  away  ;  there 
was  not  so  moch  as  the  learn  intimation  of  an 
agreement  to  any  such  design,  or  approbation 
of  what  was  a(;ritated  in  the  enmpnny  ;  and  we 
insist  upon  it  as  to  this  in  |M>int  of  Uiw,  that  it 
amounts  to  no  mor«'  than  mispn^ion  of  treason 
at  most.  My  lord,  1  will  not  now  contend 
about  notions,  nor  w  i1]  I  ar^ue  whether  con- 
sulting and  agreeing  t>e  eviileuce  of  an  overS- 
act ;  I  submit  to  your  lonlship'^  directiona,  aol- 
wiihstanditig  the*  variety  aitd  difterenoe  of  opi- 
Dions  thai  h«ve  hf*en. 

L,  C,  J.  8ir  Bartholomew  Shower,  I  know 
not  what  yariety  of  opijiions  you  mean  ;  there 
have  been  some  dietcourses  in  pamphlets,  1 
agree  ;  but  it  was  always  taken  aitd  hdd  for 
law,  that  consulting  and  agreeing  was  an  overt- 
act. 

Sir  B.  Shiiwer.  Here  is  no  evidence  ef  any 
agreement. 

L,  C.  J.  Pray  let  us  hear  what  you  sey  te 
that. 

8ir  B,  Sfimrer.  It  is  not  the  being  present 
where  traitors  do  consult  and  conspire  the 
death  of  thie  king,  unless  they  actually  agree ; 
nor  is  it  evidence  suliicietit  to  ^tde  or  prevail 


J03J 


8  WILLIAM  m. 


I 
I 


I 


upon  a  jurv^s  conscience  to  afiimn  tjponlhdr 
onths,  tnal  such  a  oU€  is  guilty  of  bigh  treason, 
because  such  a  ooc  w&s  were,  and  said  noliiing 
at  all ;  for  the  not  diaooveriog'  nAenvards,  tior 
accusing,  i«  no  evidence  at  all  against  Mr. 
B<H>kw^.  As  to  Mr,  Harris,  be  gives  ynu 
an  account  of  a  great  tJeal  that  does  not  afiPect 
Mr.  Roukwood,  neither  all  that  |iassed  at  8t, 
Germainst  nor  in  their  jnurnev  into  Knglatid  ; 
for  all  that  wa)  be  true,  am!  yet  the  pris»>ner  no 
ivay  concerned  in  it.  \u  to  what  he  affirms  of 
the  prisoner,  we  !>hall  submit  it  to  your  consi- 
deration :  what  it  aniounttt  eo,  and  all  that  bia 
deposition  comets  U[>  to^  i«,  that  Mr.  Uonkwood 
complained  thai  be  was  lu  uky  implicitly  sir 
George  Bardey's  orders ;  uiiil  i  I  arris  g^res  an 
account  but  of  one  particular  time  that  Mr. 
Rook  wood  undertook,  or  did  ag^ee  to  be  con- 
cerned in  this  matter ;  it  was  but  once,  and 
that  was,  when  he  gave  him  ibe  note  of  those 
that  were  to  go  to  Turn  bam- Green »  and  that 
he  was  to  be  his  aid -de -camp :  and  as  to  that, 
we  shall  gire  you  an  acwjimt  by  witnesses 
whom  we  shall  call,  that  these  two  witneaaes 
ought  not  to  be  believed  as  to  what  they  have 
sworn,  though  they  do  not  come  up  to  make 
two  witucKses  according  to  law  upon  ihij 
indictment.  What  they  have  aaid  as  lo 
this  man,  ia  not  credible,  though  thev 
nmj  speak  true  as  to  others;  aud  no  douGt 
there  waa  •  barbarous  conspiracy  ;  it  appears 
there  was  such,  beyond  all  eiceution  and  con* 
tradiction ;  and  the  persons  that  bare  been 
condemned  as  cons|iirators  have  acknowlei^^ 
it :  but,  my  lunt,  that  which  is  now  before 
your  lordship  and  the  jury  is,  to  enquire  whe- 
Uier  the  prisoner  is  concerned  in  this  nflair  at 
all  J  and  how  far  ;  and  we  hope  the  jury  will 
be  of  opinion  he  is  not  ctincemed.  The 
beinousness  of  the  crime,  and  the  aggravalioi» 
of  it,  being  to  Ik*  abhorred  by  all  mankind,  we 
ihink  ought  nut  to  snay  with  the  jury,  nor  in- 
lluence  thtfir  judgments  to  believe  a  witness 
ever  the  sooner  in  accusing  any  other  pei*son  ; 
it  ought  rather  to  have  a  contrary  allay;  for 
the  greater  the  crime  is,  aud  the  farther  off 
from  having  any  tolerable  opinion  in  the  world, 
Ihey  ought  to  expect  the  greater  proof;  and 
no  one  is  to  be  presumed  guilty  of  such  an 
act,  without  very  suOleicnt  evidence  of  it ;  and 
the  greater  the  crime,  the  proof  ought  to  be  the 
more  (lositive  and  undeniable.  It  is  not  their 
being  plainly  positive  that  is  sufficient,  but 
whether  it  is  such  that  is  good  in  law  ;  and 
about  that  we  are  sure  your  lordship  will  give 
(rue  directions  in  paint  of  law  :  and  whether 
the  witnesses  be  cmlible  or  no,  must  be  sub- 
mitted and  lefl  to  the  jury,  afkT  we  have  called 
some  wilnesaeD,  ulio  will  give  you  an  account 
of  their  reputation. 

Air.  Phippt,  My  loffd»  we  humbly  insist 
there  are  not  two  witncMCi,  such  as  the  law 
requires,  to  prove  the  charge  upon  this  indict- 
ment against  the  prisoner:  the  two  overt  acta 
that  touch  Mr.  Rookwood  are,  first,  csnsulting 
and  agreeing  bow  to  kill  the  king ;  the  other 
ja»  Ibe  Coding  artm  and  horses  lor  that  purpose. 


Trial  qfAmbroie  Rookwood^ 

But  as  to  tin's  latter,  Ibe  finding  arms 
hcki^ef,  there  im  not  one  eviAenor  that  comes 
to  it :  and  tLs  to  the  former,  the  consu 
whether  there  be  sufficient  evidence  that 
op  t*»  that,  is  very  much  a  question  wtti 
but  we  say,   with  submission,  there  are 
two  wit:iesses  in  that  case  ;  for  Mr.  Porter  ta^ 
only  whut  he  was  told  by  sir  George  Barcle^ 
thut  sir  George   )iro|}Osed  this  matter  !• 
withal  he  teils  yoti,  that  when  sir  G< 
cley  proposed  it,  and  Mr.  Rookwood 
fonniKl  what   the  design  was,  he 
from  conspiring,  consulting,  or  agreetng  to 
it,  that  he  said  it  was  a  bariiaroiia  act,  and 
recoiled  at  it.     Then  at  last  says  sir  Gi 
Barcley,  *  You  must  command  a  party* 

L.  C.  /.    Well,   and   what  said  Rookwi 
then? 

Mr,  Phippt,  Porter  says,  tie  then  8»Md,  ti 
is  an  end  of  it.     Now,  my  lord,  what  evid 
is  this  of  a  consultation  and  ugreemtnt.'  A 
this  is  all  that  Porter  says.     As  to  win 
Harris  says,  we  are  In  consider  whetl 
list  given  to  him  be  an  overt- net ;  and 
the  poitit  in  question  is,  whethr.'r  that  list 
be  given  in  evidence  against  Mr.  Rookwi 
upon  this  lale  act  of  parJiamenl^  as  an  oV( 
art,  it  not  being  laid  in  the  indictment  f  Tf 
is  indeed  an  overt-act  of  a  list  laid  in  thei]i< 
dictiuent,  as  given  to  Cranbnrne,  but  none 
given  to  Mr.  RookwooiL 

L.    C.  X    i*ray  take  the  evidence  rMd, 
first,  ubiit  will  you  make  an  overt-act?  HKf 
do  you  thu^k   when  there  is  a  debate  ai 
divers  persons  abaut  killine  the  kiag  ? 

Sir  B.  Shower.    With  submi»isiun,  that 
be  no  overt-act,  if  there  be  a  debate  of  sudl 
matter,  though  he  be  present. 

L  C.  J.  Aye  ;  but  when  there  ts  a  consnll^ 
and  upon  debate  a  resolution  is  formed,  aui 
Ihuugh  he  does  at  first  dislike  it ;  yet  when  tie 
15  tuld  be  must  command  a  party,  he  says  he 
is  content,  or  tliere  is  an  end  of  it — W  hat  doy 
you  make  of  that  f 

Sir  B,  Shouer,  He  said  he  did  not  like  it 
it  was  a  barbarous,  desperate  design. 

L.  C.  /.  It  is  true;  but  when  sir  Georai 
Barcley  said  he  should  command  a  party,  hi 
aorpiiesced,  and  said  there  was  an  end  of  i1 
There  was  a  discourse  about  cutting  off  tb< 
king,  and  that  was  agreed  upou  in  the  conn* 
pany  at  that  time  ;  and  though  at  grst  he  dii~ 
Dut  like  it,  yet  he  might  after^vanls  agree  to  il 

Sir  B.  Shcfwer,    My  lord,  that  is  it  which 
deny ;  we  say  there  is  no  proof  of  his  agree* 
meni  to  it. 

L,  €,  J.  Captain  Porter  says,  he  did 
that  he  said  be  looked  upon  it  as  a  ' 
desiga,  and  wa«i  averse  from  being  euj 
it,  but  aftenvards  did  agree  to  it :  whetl 
not  that  such  an  overt- ad  sa  is  laid  in  the  ii 
dictmeot  ? 

Hk  B,  SftDwtr,  My  lonl,  we  must  beg  leavt 
for  the  [irisoner  in  a  case  of  this  nature,  that  il 
may  be  recollected  what  the  evidence  did  aay« 
Mr.  Porter  did  not  take  upon  him  to  affirm  th;  ' 
Mr.  Rookwood  consented  to  it,  but  only  sai 


fmf  High  Treason, 

If  n  ftd  of  it.'  Now  we  must  leave 
e  jorjr,  what  they  caa  make  of  such 
laMrorioB. 

[  CiO  Mr.  Pteter  iu  again. 
n^tru  My  lord,  the  first  meeting 
ripnbof,  where  the  prisouer,  Mr. 
I,  wu,  ii  at  the  Glohe  tavern,  where 
Hie  wai ;.  the  next  meeting  that  he 
mfoo  the  Friday  night  before  the 
iby  when  the  buiioess  was  to  be 
iamrwards  he  met  at  Porter's  lodg- 
ibirday  morning,  in  RidernBtreet. 

a  Ca|it.  Porter  came  in  again.) 

Hirk  ye,  Mr.  Porter,  the  first  time 
■Iter  was  proposed,  when  Mr.  Rook- 
vcMSt,  Tou  say  was  at  the  Globe 
forter.  Yes,  my  lord,  it  was. 
And  you  say  he  disliked  it,  and  did 
»beooiioemed  in  it? 
Yes,  my  lord,  he  did  so. 
.  Well,  what  said  sir  Geo.  Barcley  ? 
Sir  George  Barcley  said,  he  ought 
ii  orden,  for  he  had  such  a  com- 
r  nch  a  thing,  and  he  drew  out  a 
w  it  was  to  be  done ;  ana  when  sir 
icley  told  Mr.  Rookwood  he  should 
bii  party,    he  replied  in  French, 
acnlof  it.' 

Thif  was  at  the  Globe  tavern,  was 
ffto*.  Yes,  my  lord,  it  was. 
I.  Pray  then,  capt.  Porter,  let  me 
Mber  question :  Was  he  afterwards 
tioy  other  meeting,  and  when  and 

Be  was  with  me  upon  Saturday  the 
\j  lotlging  in    Little  Rider-street, 
V  George  Baroley  and  others. 
L  What  discourse  happened  then, 

rbey  did  there  discourse  the  whole 
lir  George  Barcley  was  not  for  go- 
time,  b^aose  there  was  so  many 
rent  with  the  king,  that  there  would 
d  onportunity  to  effect  the  design  : 
n  they  would  go  off  after  the  hunt- 
',  and  so  it  was  agreed  upon  to  go 
mdertaking. 

Pray,  at  tliat  time  did  Mr.  Rook- 
1  to  ifislike  tlie  affair,  or  refuse  to 
It  ail  concerned  in  it  ? 
Vo,  my  lord,  I  cannot  remember 
B  one  word. 

(Vas  Mr.  Rookwood  there  ? 
^es,  there  was  Mr.  Rookwood,  sir 
ley,  and  Mr.  Dun  nee. 

And  had  \ou  discourse  at  that 
lis  buatinesN  f 

fes,  my  lord  ;  there  was  that  ob- 
of  so  many  people  going  with  the 
Bade  that  answer  that  1  tell  you. 
Why,  then,  suppose  at  the  Globe 
in  expression  had  not  dropt  irom 

hot  a  man  is  present  at  two  con- 
»  Md  about  the  death  of  the  king, 
liif  «iilMr  at  the  first  or  second, 


A.  D.  1696. 


rsoe 


Sir.  B.  Shower.  My  lord,  I  confess  this  is  a 
case  of  a  very  barbarous  nature,  of  which  I 
hope  my  client  will  acquit  himself:  but  I  think 
we  have  the  authority  of  parliament  on  our 
side,  thut  tills  does  not  amount  to  a  proof  of 
treason.  It  seems  they  lay  a  stress  upon  thta, 
that  Mr.  Rookwood  came  to  captain  Porter's 
MgingB  on  the  Saturday  morning  the  16tli : 
but  then  take  the  case  as  it  is ;  for  aught  that 
does  appear  upon  the  proof,  he  knows  not  upon 
what  account  the  meeting  is,  befin^hand.  I 
think  that  is  the  case  of  my  lord  Rnasel,  npon 
which  the  reversal  of  his  attainder  went,  that 
the  evidence  came  short,  and  that  it  was  but 
misprismn ;  fi>r  the  evidence  was,  that  he  was 
present  at  the  supposed  declaration's  readtng, 
but  said  nothing  at  all  to  it. 

L.  C.  J.  But  i  speak  of  two  meetings ;  thsrs 
was  but  one. 

Sir  B.  Shower.  My  lord,  I  do  not  know  whe- 
ther there  were  two  meetings  or  one  then :  but 
this  is  the  ground  we  ^  upon,  there  ought  to 
be  two  witnesses :  and  if  there  be  two  meetings 
upon  s|ich  a  design,  the  second  may  be  as  ac- 
cidental, and  it  does  not  appear  to  be  a  designed 
meeting ;  and  there  was  no  appointment  of 
Mr.  Rookwood  to  be  there,  nor  any  negocia- 
tion  by  way  of  message  or  otherwise,  to  that 
purpose.  Is  this,  my  lord,  an  overt-act?  Sup- 
pose a  man  be  present  at  a  consult  about  trea- 
sonable practices,  and  he  uses  words  that  are 
indifferent,  it  is  tme,  in  the  case  of  a  wager  it 
amounts  to  an  assent,  but  it  hardly  Will  come 
to  that  when  people  meet  by  accidenty  or  for 
they  do  not  know  what. 

L.  C.  J.  How  is  thb  by  accident? 

Sir  B.  Shower.  It  does  not  appear  that  it  was 
by  design  or  appointment. 

X.  C  J.  Thay  were  acquaintance. 

Sir  B.  Shower.  He  had  no  acquaintance  with 
him  but  in  sir  Georg^  Barcley 's  company. 

L.  C.  J.  But,  besides,  there  was  an  express 
consent  at  the  Globe  tavern,  when  Rookwood 
said,  *  There  is  an  end  of  it.' 

Sir  B.  Shower.  That  is  as  much  as  to  say, 
I  will  not  do  it,  I  will  not  go  with  you 

Sol.  Gen.  Sir  George  Barcley  was  the  per- 
son whom  they  were  to  obey;  and  Harris telhr 
von  he  told  them  what  they  were  to  do,  and  six 
horses  were  first  placed,  and  three  of  them 
after^vards  removed. 

Sir  B.  Shower.  That  will  not  affect  him  what 
sir  George  Barcley  said,  any  more  than  Lewis's 
a|>pointing  of  the  horses. 

L.  C.  J.  Then  here  is  another  thine,  Wh  j 
did  he  give  a  list  to  Mr.  Harris  ?  The  list  that 
was  given  had  Mr.  Rookwoofl's  name  at  top, 
as  he  was  to  command  the  paity,  and  there  was 
H»rns*s  name  and  Harems  name  as  of  his 
party ;  that  is,  their  feigned  names :  Mr.  Rook- 
wood's  feigned  name  was  Roberts,  that  was  at 
top,  and  &ey  were  to  go  to  Turnham-Grsen, 
and  Rookwood  told  Harris  he  should  be  his 
aid-de-caiiip. 

Sir  B.  Shower.  My  lord,  for  thatvl  think  we 
have  a  point  of  law,  that  we  apprehend  will 
turn  off  all  that  endence,  ind  sure  we  may 


«7J  8  WILLIAM  in. 

take  thai  exception  now.  The  words  of  the 
act  are,  That  no  evidence  ihall  be  tnven  of  any 
overtpact  that  is  not  expressly  laia  io  the  in- 
dictmeiit  Now  cannot  I  shew  upon  this  in- 
dictment, that  there  is  an  overt-act  in  such  a 
positive  direct  manner  as  tiiey  now  urge  about 
this  list  ?  Will  not  that  satisry  yonr  brdsliip's 
jud^ent  lo  set  aside  all  this  evidence?  To 
make  the  indictment  good  for  treason,  there 
ought  to  be  a  compassing  of  the  death  of  the 
king  laid,  and  an  overt»aet  laid  dedarinjg  that 
compassing ;  but  no  evidence  is  to  be  given  of 
any  overt-act  that  is  net  fand  in  the  indictment. 

L,  C.  /.  You  ans  not  to  take  exceptions  to 
the  indictment  now,  bnt  only  to  theevidsnoe. 

Sir  K  Shower.  I  have  tliis  one  exception 
more ;  there  is  never  a  *  Quodque,'  nor  a  <  Ju* 
ratotra  ulterins  prHsentant.' 

L.  C.  J.  There  does  not  need  f  bnt  that  is  a 
fault,  if  any,  in  the  indictment^  and  is  nor  to  be 
stirred  now. 

8ir  B.  Shmtr.  If  there  be  not  a  presentment 
by  the  jury,  then  tliere  is  no  overt-act  alleged : 
and  if  there  be  no  overt*act  alleged,  or  no  such 
overt-act,  then  we  are  within  the  words  of  the 
act,  That  no  evidence  shsll  be  given  of  any 
such  overt-act  but  what  is  alleged ;  and  it  is, 
if  not  expressly  alleged,  as  if  it  were  oot  al- 
ibied at  all.     Now  here  it  is  very  feoee,  *  6ec. 

*  iidem  Chrietopliorus  Knightley,'  and  so  it 
goes  on  with  the  rest,  did  so  and  so.  There  is 
a  presentment  at  first,  that  they  did  compass 
and  imagine  the  death  of  the  king ;  and  then 
the  indictment  comes  farther,  and  says,  that 
forty  men  should  do  this  business,  and  of  those 
forty  these  four  should  be  some;  and  then  the 

*  iidem'  bought  horses  and  arms,  snd  so  it  must 
go  to  the  last  antecedent,  and  then  there  is  no 
express  alleging  of  any  overt-act;  and  then  it 
is  as  if  no  overt-act  at  all  was  alleged. 

L.  C.  J.  This  exception  is  not  to  the  evi- 
dence, but  to  the  indictment:  it  begins  <  Jura- 

*  tores  preseutaiit  quod  ;*  Does  not  tliat  relate 
to  all  P 

Ijir  B.  Shower.  No,  my  lord  ;  and  1  can  tell 
\rou  a  reason  why  not :  if  it  be  not  so  well  al« 
hfged  as  it  should  be,  it  is  sn  indictment  as 
if  it  were  never  alleged  at  all ;  and  so  within 
the  words  of  the  act  of  parliament  this  is  not 
an  uveit-aot  aUeged,  and  therefore  they  cannot 
give  evidence  upon  it. 

Sot.  Gen.  Truly,  iny  loni,  I  crannot  imagine 
what  tlK*y  are  doing,  they  are  moving  in  arrest 
of  judginnit  bclun*  a  verdict  given :  they  say 
the  overt-art  is  not  (*xpn!8«ly  laid ;  In  that  an 
eareeption  to  the  ovidence,  or  to  tlie  indict- 
mentr 

Mir  B.  5AfiMT.  If  my  lord  will  plc;iso  M  •{ivr 
us  ihe  iihcrly,  we  would  Hhrwtlieni  can  lie  no 
venlict  kivcu  upon  this  iudiotmeiit. 

L,  C.  J.  Certainly  tliia  ia  an  imv^ilur  pro- 
ceeding ;  this  is  iiui'sp  time  of  exception  to  ihe 
j»lgmi*nt. 

Mr.  i^hippa.  Then,  my  kird,  wesiw  in  your 
JMdgtnisu,  aa  10  the  ppaaf  ikat  has  bean  niveti : 
if  a  own  be  pmssnat  m  aiastinir  if  several  iier- 
lip  %  PmmmmSim  Mnt^absut 


Trial  qfAmbroie  Rooktcood, 

killing  the  king,  and  this  man  is 
but  neither  assents,  nor  makes 
how  it  shall  be  done,  whether  tl 
silent,  and  saving  nothing,  is  sncl 
as  fdiall  coq,vict  a  man  of  treason  r 

L.  C.J.  i  tell  you,  oonsentini 
ous  design  is  an  overt-act  of  hig 
that  consent  be  made  to  appear  b; 
Now  the  question  is,  What  is  a  gi 
evidence  of  this  consent  ?  A  man  n 
times  St  a  treasonable  consult  fb 
king,  and  tliongh  perhaps  at  tb 
not,  yet  at  the  second  he  did  ki 
meeting  was  for  such  a  design, 
the  purpose  there  was  but  two  n 
at  the  second  it  is  determined  to  g 
design ;  Is  not  that  an  overt-ai 
cannot  be  proved  that  the  priso 
thing? 

Mr.  Fhippg,  If  the  first  meelins 
sent  or  an  overt-act,  neither  will 
third  be,  if  there  way  no  more  dot 
first,  but  they  are  like  so  many  c; 
out  a  figure. 

L.  C.  /.  The  first  meeting  posi 
accidental,  he  might  not  know  wh 
though  that  will  ge  a  great  way  i 
dissent  or  du»over ;  but  when  he 
with  the  same  company,  knowii 
bad  in  desiffu;  does  not  that  prov 
That  was  the  case  of  sir  Everard 
Powder  Plot. 

Mr.  Phippt.  But  where  it  may 
my  lord,  whether  it  were  with  a 
or  a  bad  design,  that  he  met  with  tl; 
it  ought  to  be  taken  most  favoi 
prisoner :  This  man  might  be  pn 
to  a  discovery. 

L.  C.  /.  But  besides,  that  is  m 
you  are  mooting  upon  points  that 
case.  When  Mr.  Harris  came  U 
wood,  and  finding  them  in  some 
being  inquisitive  what  was  the 
was  sent  u>  Counter ;  and  when  I 
what  they  were  to  go  about,  h 
meeting  Mr.  Rookwood,  says  to 
sent  over  to  murder  the  prince  of  ( 
Rookwood,  if  I  had  known  of  this  > 
1  came  from  France,  I  would  hav 
king's,  that  is  king  James's  pardon 
to  nave  been  excused.  Hereby 
Ilia  knowledge  of  the  design,  anil 
to  do ;  aud  though  he  dislflfied,  ye 
orders. 

Mr.  Phippg.  Tliere  is  no  doubt,, 
he  knew  of  it;  but  whttlier  your 
construe  his  silence  as  a  consent,  i 
the  question. 

L.  C.  J.  A  man  is  at  frequent  e 
killing  the  king,  and  does  not  re 
great  evidence  ut'  liis  consent. 

Mr.  Phippt.  Unt  it  is  not  prove 
actually  consent  lo  it. 

iSii/.  'Gen,    My  lord,  we  most 

your  lordbhip,  whether  this  is  nol 

IMPoper  and  irregular  at  this  ttnw! 

arguing  how  Ihr  thn  cntact  i»lc 

8 


209]  fir  High  Treason, 

hhtt  ibe  time  pf^per  for  sucti  tin  nirgiiiDetit 


dit.  Gen.  If  Uiey  will  call  thdr  whnes^e?, 
kt  them  ;  «jt  if  they  say  they  have  ncme,  then 
iht-v  uiAy  make  ibeir  observations  upon  the 
^ii«»Dce  ;  but  else  we  desire  we  may  be  kept 
miiie  tisuai  met  bod  of  jmiceeiling^s. 

Mr,  Fhipps,  With  submission,  we  thoutrht  it 
fklo  know  I  be  opinion  of  (he  court  fir^t,  if  there 
be  iwu  witne^Ases  against  the  prisoner ;  for  if 
tet  be  not  two  witnesses,  as  ibe  law  te~ 
•BRi,  ire  Deed  not  trouble  the  court  vritb  our 


I 


*r  B,  Shower,    Then»  my  lor  J,  we  mott  de- 
^  IliM  tbe  reeori)  may  tie  read  of  captnin 
^«  eotivictloQ  of  luaDslaur^bter ;  a  man 
s  been  ^^^iliy  of  doin^;  auch  an  act,  felo» 
,  mahcioijshy  and  voluntarily,  us  that  is, 
m  nnt  a  coiiifjetenl  ^ritneifs. 
Ci.  fJ'Ar.   It  haf  been  read  already. 
da 'Gem,    1  thought  we  hatt  been  over  that 
«ljKiio0  Fiefore. 

Sg  B.  SAcater.  We  think  it  h  proper  for  us 
li  Mfve  it  now  a^ahi ;  for  tbouoph  it  is  no  ob- 
MEfjoQ  to  bid  beiujf  a  legal  witness^  yet  we 
mf^  It  will  influence  his  rep*Jtation  as  to  bis 
fur  lie  ibat  has  been  g-uilty  of  killing  a 
In  guch  a  manner  as  the  indictmeut  lays 
"  ll  find  but  little  credit,  we  hope,  with  a 
of  comitrymen.  But  since  it  bas  been 
;,  and  your  lordship  and  tlie  jury  have  takon 
of  Vt,  we  will  call  some  otber  witnesses 
Id  Mr,  Porter's  reputation  and  behaviour, 
mk  they  wiTl  prore  things  as  bad  as  nn 
,  I  shall  not  open  them  to  your  lord- 
heg  leave  to  call  oor  witnesses,  who 
ac^^naint  you  what  they  have  to  a^y, 
da.  Gf».  Certainly,  my  lord,  you  will  not 
ik  10  let  tbcm  do  so.  I  desire  they  would 
vm  nny  ibing*  of  evidence  without  ac- 
the  court  what  ibey  call  ihem  for : 
Were  the  way  to  let  thein  in  to  call 

to  thiu^  that  are  not  proper. 
X  Nay,  without  doubt  it  is  not  regxilar 
ti'pfiodace  a»v  evidence,  without  opcniDg'  it. 

Ait.  Gen.  iFor  if  it  be  for  any  crime  that  a 
ntn  may  be  presented  for,  and  there  is  no  cod  - 
fiction  ;  1  think  that  ou^ht  not  to  be  given  in 
evidtnaee  to  take  awav  a  witness's  credit :  f f  it 
beonlv  tr»  bis  gencraf  reputation  and  behaviour, 
cy  may  jjo,  and  we  cannot  oppose  it. 
1  desire  sir  Bartholomew  Shower 
irm  opf^i  to  the  court  of  what  natare  hii  evi- 
ileoce  is. 

Sir  B,  Shower.    Well,  1  will  tell  you  then 
what  1  call  them  to. 

L.  V,  X    You  must  tell  us  what  you  call 
them  to. 

Sir  B.  Shoti^t'    Why  then,  my  lord,  if  rob- 
tifiirtipo  Vivvayjf  clipping",  if  convers- 

ing with  ,  it  fornication,  if  bng-gfery,  if 
any  of  tbe^e  irregularities*  will  t«ktf  utf  the 
credit  of  a  man,  1  have  inj^tmction^  in  my 
Wif,  of  «Tidieiiee  of  crimes  of  this  naturi*,  and 
jMint  porpofe  against  Mr,  Porter ;  and  we 
that  by  law,  a  priiioner  standing  for  liis 
m  tlberiy  to  give  an  acGoaat  of  the  ac* 
VOL,  Xltf. 


A.  D.  1696.  [2Ifl 

tioD»  and  behaviour  of  the  witnesses  ajjain*! 
him.  I  know  the  objection  that  Mr.  Attorney 
makes,  a  witiie<<B  does  not  come  pre[mrcd  ti 
vindicate  and  give  an  account  of  every  cctioii 
of  his  life,  and  it  is  not  commoi^ly  allowed  to 
give  evidence  of  particular  acTions  ;  but  if  those 
act  tons  be  repeated,  and  a  man  lives  in  the 
practice  of  them,  and  this  practice  is  continued 
tor  several  years,  and  this  be  made  out  t>y  evi-  • 
denee  ;  we  hope  no  jur3'^  tiiat  have  utiy  con- 
science, will  upon  their  cat  lis  give  any  credit 
to  the  evidence  of  a  person  against  whom  6Uclt 
a  testimony  is  given, 

3Ir.  Phlpps,  We  are  speakings  only,  my 
lorfl,  to  the  credit  of  Mr.  F'orier ;  and  if  wo, 
can  shew  by  evidence  Ibat  !ie  is  so  ill  a  man  a« 
to  be  guilty  of  those  crimes  that  we  have 
open  eel,  accord  ingf  to  the  instructions  in  oilf 
brief,  wc  hope  the  jury  will  not  think  him  fit 
to  be  a  gooil  evidence  against  us  in  this  matter* 

X.  C.  X  What  soy  you  to  this>  Mr.  At- 
torney f 

Alt.  Gen.  My  lord,  they  themselves  know; 
that  til  is  sort  ol  evidence  never  was  admitted 
in  any  case,  nor  cun  be,  for  il  mu«t  tend  to  the 
overthrow  of  all  Justice  and  legal  proceedin^st; 
for  instead  of  trying^  the  prisoner  at  the  baf, 
they  would  try  'Mr.  Porter.  It  has  been  al- 
ways denied  where  it  comes  to  a  particular 
crime  that  a  man  may  be  pvosacuted  for  ;  and 
this  it  seems  is  not  one  crirae  or  two,  but  S9 
many  and  so  long^  continued,  as  they  say,  and 
so  often  practised,  that  here  are  the  whole  ac- 
tions of  a  man*s  life  to  be  riot  up,  which  they  ^ 
can  never  shew  any  prececfent  when  il  wae 
permitted,  because  a  man  has  no  opportunity 
to  defend  himself.  Any  man  iu  the  world  may 
by  this  means  be  wonnded  in  bis  reputatioii, 
and  crimes  laid  to  his  charg^c  that  he  never 
thought  of,  and  he  can  have  no  opportnnity  of 
g-iving  an  answer  to  it,  liccause  he  never  ima- 
gined there  would  be  any  suc^h  objetrtiou  :  It 
IS  kinitig  a  man  in  his  good  name  by  a  side- 
wound,  against  which  he  has  no  protection  at 
defence.  My  li>rd,  this  ranst  tend  to  the  pre* 
venting  all  manner  of  justice  ;  it  is  agutnst  all 
common  sense  or  reason,  and  it  never  was  of- 
fered at  by  any  lawyer  before,  ns  I  believe,  at 
leastwise  never  so  openly ;  and  theri-tore  I 
wonder  that  these  gentWmea  should  do  it,  who 
acknowledge,  at  least  one  of  them  did,  that  ae 
ofleD  as  it  lias  been  now  offered  it  has  been 
over-ruled  ;  arid  I  know  not  for  what  end  it  is 
offered,  but  to  make  a  noise  in  t!ie  court: 
They  know  that  it  is  irregular  as  muth  as  any 
tbiiitj"  that  could  be  offered. 

SoL  Gm.  IndeeiJ,  my  lord,  if  the  prisoner 
at  I  he  bar  had  oflTered  this  matter,  if  bad  bf  en 
f  xcusabte  ;  but  that  gentlemen  of  ibe  long 
robe,  and  who  are  so  w^ell  acquainted  with  thu 
practice  of  the  courts  of  law,  shoyld  pretend  to 
do  such  a  thine^,  is  unaecountahle.  There 
was  somewhrit  like  this  tliat  was  offered  at 
Manchester,  but  that  was  by  the  prisoner,  to 
prove  that  one  Lunt  who  wits  a  witness  had 
two  wives,  and  they  brouj^ht  a  copy  of  an 
indictment  upon  whicU  i\ixx<  yi^  u^  ^^'lyi^e^a''. 


J 


8  WILLIAM  m. 


I 


I 


I 


811] 

after  lEiat  they  endeavoured  to  prove  Uim 
guilty  of  scleral  robberies ;  but  all  tbat  sort  of 
evidence  was  refused.  I  only  give  tlu^nt  this 
iJiKtaPce  to  shew,  ihftt  where  "the  prisoner  has 
attempied  it,  il  has  l)eeo  always  rejected  ;  and 
I  am  sure  they  caonot  shew  tne  that  ever  it 
was  allowed,  even  to  the  prisoner  himself,  to 
give  any  thiuj,^  of  this  kiud  in  evidence ;  and 
Ibis  1  must  say,  they  can  never  shew  me  any 
oue  parlicidrtr  ini^^tiiuce^  wlieii  counsel  ever  en- 
deavourerl  it>  do  it,  before  this  titne* 

Sir  Ji.  Sh&iier,  My  lord,  1  ment'otied  the 
particular  crimes,  the  faults  which  I  had  in 
my  instructions  to  object  against  the  credtt  of 
the  testimony  of  capl.  Porter,  in  answer  to  Ulr, 
Attorney's  desire,  that  1  would  ojien  the  jiar- 
ticulars  of  the  evidence,  that  I  would  call  my 
witneascs  to  the  truth  of  it ;  I  was  loth  tore- 
peat  the  words,  I  think  the  thing's  themselves 
»o  abominable  ;  but  we  conceive,  with  sub  mis - 
iiou,  we  may  he  admitted  in  this  case  to  offer 
what  we  have  oflfered.  Sun  pose  a  man  be  a 
commonf  lewd,  disi»rderly  telhyw,  oij^  that  fre- 
ijiiently  swears  to  tahhouil  lor  his  life :  Wc 
know  It  is  a  common  rule  in  p«int  of  evyeoce, 
that  airainsl  a  witness  you  shall  only  give  an 
account  of  his  character  at  large,  ot  bis  gene^ 
ral  conversation  ;  but  that  general  conversa- 
tion arisen'  from  particular  aetionn,  and  if  the 
witnesses  i^ive  you  an  account  of  such  dis- 
orderly actions  repeale*!,  we  liope  that  will  go 
to  bis  discredit^  which  is  that  we  now  ai^e  la- 
bouring for,  and  submit  it  to  your  lordship's 
opinion  whether  we  may  Rot  do  it» 

L,  C*  J.  Look  ye,  you  may  brin^  witnesses 
to  give  an  account  of  the  j^eneral  tcnour  of 
his  conrersationt  but  you  do  not  think  sure 
that  we  will  try  now  at  this  time,  whether 
he  be  guilty  ot  robbery  or  buggery.* 

Sir  B.  Shi/ner,  My  lord,  we  wd I  give  you 
an  accoutU  that  he  used  to  have  a  private  lodpf- 
ing*,  and  cume  in  with  his  horse  tiitd,  aiid 
several  other  such  things,  as  tbat  he  used  to  go 
out  in  disguises,  and  the  like* 

Mr*  Fhipps,  My  lord,  I  cannot  imagine 
why  a  man  tbat  has  been  giiiltv  of  any  such 
crimes f  and  is  not  taken,  should  be  of  greater 
credit  than  a  man  tbat  has  beea  token  and 
pt)nisbed« 

X.  C.  J,  Wliat  istbat  y^u  sa3%  Mr.  Phipps  ? 

Mr.  Phipps.  ^ly  lorJ,  I  say  it  is  the  crnu» 
that  renders  a  ujan  infamous,  and  1  do  not 
know  why  a  mun  that  has  had  the  good  for- 
tune not  to  be  taken  and  punished  fur  great 
crimas  by  him  coiumittedt  should  be  in  a  belter 
condition  as  to  the  credit  of  his  testimony,  than 
one  tbat  is  token  and  undergoes  the  punish - 
mentof  thelaw. 

SoL  Gtn.  Mr.  C  ha  mock  urged  that  as  far 
ms  it  wouhl  go,  but  we  are  obligSl,  it  seems,  to 
hear  things  that  have  been  over- ruled  over 
and  over;  but  I  desire  to  know  of  them» 
whether  they  can  shew  he  has  been  guilty  of 
a  greater  crime  than  he  has  confest  himsielt 


3, 


•  See  Peake*s  Law  of  Evidence,  chap. 
WitueMe«y  sect.  2,  art.  General  Chamctcr. 


Trial  of  Ambrose  Rookwood^  [212 

{(inliy  of  in  court,  I  mean  of  tlie  intended 
sa>isioation. 

Mr.  Phippt.  No^  we  agree  we  can  not ;  hut 
pray  let  us  prove  him  guilty  of  as  many 
crime*  as  we  can. 

Sot.  Gen.  But,  tny  brd,  1  ho{)e  you  will 
keep  them  to  ihe  general  question  of  the  CQfn% 
mon  ordinary  tenonrof  tiis  r^nversation, 

8ir  B.  Shouer.  Call  Mr.  OldfieId»  Mb 
Nicholas,  Mr.  Millbrd,  6hck  Will 

[Mr,  Mitt'ord  appeared, 

Cryer,     Lay  your  hand  on  the  hook.     Tii« 
evidence  that  you  shall  give  on  behalf  of  th 
prisoner  at  the'bar  »hall  h#  the  truth,  the  wbol^ 
truih,   and  nothing   but   the   truth.     Ho  bei| 
you  God. 

Sir  B.  Shovecr.  Pray  will  you  give  my  lorJl 
antl  the  jury  an  account  whelher  you  knoi* 
captjiin  Porter,  and  how  long  you  have  knowi|r 
hirn  ? 

Milford,    I   have  known  him  about  fonf 
y  ears- 
Sir  B.  Shower.  What  reputation  is  he  off 

Miijhrd*  I  never  knew  any  hurt  by  bim  i| 
my  life. 

Sir  B.  Shower,  Pray  what  is  your  naoief 

Miiford.  Frederick  Miitbrd. 

8ir  If.  Shower.  But  the  name  tdk  my  brief  I 
John  Mil  ford,  that  is  my  man. 

L.C^J.  But  you  sec  ibis  man  knows  hln. 

Sir  B.  Shoutr.  Call  ftlr.  Oldfit- Id.  ^ 

[Which  was  done,  and  he  appeared 

inglvO, 

Mr.  Phippt.  Do  you  know  captain  P^ 

Oldjield,  Yes,  I  do. 

Mr,  Phipp$.  How  long  have  you  knowi 
bim? 

Oldjield,  T  believe  about  twenty  yean, 

Mr,  Phipps.  Pray  will  you  ^ive  my  l'-^^— 
and  the  jury  an  account  of  his  lite  and  coAvec 
sal  ion. 

Oldjield,  I  can  say  nothing,  he  was  aliray 
civil  in  nsy  company,  but  he  was  lewd  in  ' 
discourse. 

Sir  B.  Shower,  What  do  you  mean  by  bei 
tei^d  in  bin  discourse  T 

Otdjitld.  Why,  he  would  be  talking 
extravagantly. 

Mr.  Phipui,  What  do  you  mean  in  talking 
Was  it  of  what  he  had  done  himself,  8ir? 

Oldjieid.    No  otherwise  than   that  he 
whored,  and  those  kind  of  things. 

Sir  B.  Shotiitr,   What  other  things 
whoring? 

Oldjield.  I  know  no  other  part  of  it. 

Sir  B.  Shoucr.  Where  is  Edward  Boucl 
(He  did  not  appear.) 

Mr.  Phipps,  CaU  WiUiam  O^Bryan 
did  not  appear.) 

Sir.  B*  Shaver.  Where  is  Mr.  Page,  and 
IlardimaD  ? 

(Wone  of  them  appeared.) 

Cryer*  There  is  not  a  man  of  iheio  berl 
Sir. 

Sir  B,  Shower.  Mr.  Webb#r,  Do  you  kooi 
where  they  are,  fur  the  court  stays  fur  them 


I  aooi^ 


1 


(Bi 


Jar  High  Treoim* 

Webber.  Inilced  I  Jo  uol,  llicy  were 
turned  to  he  hrrc'. 
Rf  B,Shimcr,  Where  is  Black  Will  ? 
Crjftr.  BUck  WUI.     (He  ajipeai-e*!,  und  was 

JL  C.  J.    Ask  him  if  lie  be  a  Christian. 
I  Cryrr.  I  bav«  asked  him,  and  he  says  he  is 
ICJuistiaa. 

(ThcD  he  was  sworn.) 

,  /,  Well,  what  do  you  ask  hitn  ? 
^BoDkmoad.  Will,  Pray  gire  an  account  of 
rQinster^aod  of  his  file  and  convt'ifcatinn. 
.  Phtppt,  You  are  sworn  to  I  el  I  the  tmlh, 
-Uciirt. 

It.  I  served  him  almost  ei^ht  years,  aiid 
L»  t>ee-o  a  rcry  good  master  to  me,  my 

Shvwer.  What  do  you  know  him  to 
af?^WilL  Nothing  al  all. 
Shoxer,  1  beUeve  they  hare  put  in 
•  men  to  confirm  his  reputation. 
hCJ.  Indeed,!  thiols  the  king\ counaeT 
iM  hire  called  these  witnesses  if  there  had 
t  aceaAioa. 

rB.  Shower*  We  siibmit  it  to  your  direc- 

Itow  far  this  e?idence  will  aflect   him ; 

inolbiogsaid,  aswc  ap^^rehend,  that  wilt 

,  to  treason  ;  if  the  prisoner  lias  a  mind 

_  any  thing^  himself,  we  hope  your  lord- 

»  will  p leasts  to  hear  him. 

.  J.  Aye^  if  he  will,  let  him. 

od,    Wy  lord,  Mr.  Porter  dops  not 
I  consented  to  command  a  parly « 
C.  J.  Is  that  all  you  have  to  say  f* Then, 
tatUmcat  w  ill  von  sum  up  ? 

.  Ctmyeri.  My  lord,  we  are  agreed  j  we 
t  to  the  court' on  btfih  sides. 
i  C*  J.    Then,  gentlemen  of  the  jury,  the 
rat  the  bar,  Mr.  Roukivood,  is  indicted 
Ibi^-treason,   m  compastsiug^,    irna|riiiing, 
Imtetidin^  the  death  and  destrnction  of  the 
,  by  a  itumi  barhaitius  and  wii'keil  assas* 
you  have  bad  an  account  of  this  de- 
two  witnesses  that  have  been  pro- 
the  one  is  captain  Porter,  the  other  is 
ris»  who  swear  ihey  were  Inith  con* 
<  as  actors  in  it. 
Captain  Porter  tells  you,  about  the  tatter  end 
of  Jinimry,  or  the  beginning  of  February   last 
ot^^e  Barcley    came  over  into  England 
(France;    and  there  was  a  former  ilesi^i 
der  the  king;   and  al^er  several  meei- 
conferences  amon^  the  cons|iirators, 
itne  to  a  resohitiun  itiat  he  shnnlil  be  a<;- 
Bled ;    but  which  way  to  effect  ii^  ad- 
l  of  a  dispute  among  them  ;  (or  the  kin^ 
yoa  have  heard,   going   frequently,  aliont 
tm  week,  a  hunting  on  theotlttfr  side  the 
Richmond,  the  design  was  lirsl  to 
ISBvituite  hitn  at  Hiatimond   P/^rk,  or  tlierc' 

Rl  he  riHurufd  from  liiinLin!jf,  and  pre- 
vras  made  acci}rdin;rty  ;  bui  thai  not 
folly  agreed  upon,  the  convenicncy  of 
held  iiill  some  debate;  for  sojne  were 
,  _  .A*  that  it  was  better  to  make  the  at< 
Irniptao  ibii  ii'Je  the  water»  tbao  un  the  other  i 


A,C.  ie9f. 


[21* 


.iKai 


tfftma 


.  Uarris 


theTefore,  as  Mr,  Porter  tells  yon,  to  deter- 
mine that  tlifficulty,  ihfre  ivt^re  several  men 
sent,  wtit?rei>f  he  was  one  ;  Knighltey  another, 
and  King  a  third,  to  view  the  ground  on  both 
sidas  the  water,  ami  to  make  their  report :  the 
grannd  Ijeing  viev»ed,  and  the  report  made  to 
some  of  their  aecom|»lireJ3,  v%lio  to  receive  it 
met  at  the  Nag\s'Head  in  Covent  Garden, 
which  was  about  the  tenth  or  tvvehUi  of  Pe- 
brnary  last ;  it  wa^r  (hen  agieid  Ibai  tlie  king 
and  his  guards  slmnld  be  attacked  on  this  side 
tlie  water,  about  Turnham-Green. 

Mr.  Porter  has  told  yon,  that  at  several 
mpt'iings  lor  I  lie  carrying  on  this  design,  the 
prisoner  Mr,  HiM>kwood  was  present*  m<>re[iar- 
ticubrly  at  the  Olobe  Tavern  in  Haiton-garden, 
where  were  also  sir  George  Barcley,  Mr. 
Clianioek,  sir  William  Parkyn^,  himself,  and 
others,  and  tliere  they  did  enter  into  a  consult 
liow  they  might  assassin  ale  the  king  ;  and  it 
beini^  proposed,  Mr.  Hookwood  did  not  like  it, 
as  Ml'.  Porttjr  says,  but  said  it  was  a  desperate 
a  I  tempt ;  and  thereupon  Kir  George  Barcley 
pulJed  out  a  scheme  tbi^t  he  had,  and  shewed  it 
at  that  time  to  Mr  H<iokwood,  and  said,  yoa 
Hte  sent  over  from  France,  and  ate  lo  obey  ray 
orders,  and  you  are  to  command  a  party ;  and 
then  Mr,  ilonkwood  made  an  answer  in  French, 
'  There's  an  end  of  it,*  which,  as  he  says,  im- 
ports a  consent. 

Then  at  another  time,  which  was  tlie  Sa- 
tnrday  morning  the  15ih  of  Feb  nary,  they 
met  at  captain  Porte r^s  lodging,  and  there  was 
a  discourse  about  going  on  to  put  the  design  in 
execution;  and  one  Durant,  otieofihe  men 
that  was  lo  watch  the  king  and  the  guards 
going  out  at  Kensington,  came  in,  and  th« 
question  was,  whether  they  should  go  that  day 
upon  the  design?  They  h&d  di^tcuur^e  abonc 
it,  and  Mr*  Huokwood  the  prisoner  was  ihera 
present,  and  there  did  not  up|>car  any  dissieat 
in  him  to  the  prosecution  of  the  design,  but  it 
seems  it  was  readily  agreed  among  ihem,  to 
pursue  it  according  to  the  former  detertaina- 
tion. 

Then  the  next  witness  that  is  produced  ia 
Mr,  Harris,  who  gives  you  a  large  account  of 
the  beginning  of  his  knowledge,  and  of  bi» 
being  concerned  in  this  matter ;  lie  tells  you 
he  was  in  France,  and  at  the  court  of  St*  Oer- 
mniits,  where  the  laic  king  then  was^  and  tliat 
he  spoke  with  him,  and  xvhere  was  also  co- 
lonel Parker ;  and  king  Jiiines  took  notice  of 
him  and  of  his  taithfut  sen  ice,  and  tuld  him^ 
he  ulways  designed  him  a  kiulne^s,  and  then 
h'^d  opportuuily  i>f  doing  it,  jlthI  «:atd  he  would 
send  him  over  into  England,  where  he  shouM 
he  subsisted,  and  directed  him  to  obey  th^ 
orders  <if  sir  Oporge  Barcley  ;  and  there  beiog 
one  Mare  by «  who  was  to  come  over  with  him, 
knvj  James  gave  them  both  names  of  di!$<^uise 
wtiich  ihey  were  to  go  by  in  England,  and,  as 
it  ^eeuis,  i»ther&  that  came  over  did  also  assume  ; 
tor  Mr.  Rook  wood  went  by  the  name  of  Ro- 
berts, Han  is  was  to  go  by  the  name  of  Jen* 
kins,  and  Hare  by  the  name  ofGuiney;  they 
were  directed  to  apply  thftxtselroitoiirGeori^c 


I 


I 


I 

I 


I 


Biircleyf  ^Ttd  had  ftirRctioDS  how  lliey  shnuL] 
f]|]d  hint^  lihith  wtre  lo  f^ointri  Covenl-g:ar<leii, 
in  the  ev*>ning,  ujmti  a  Momb y  or  a  Tlnii-siby 
unrj  it'  they  nnw  ii  persui)  thiit  had  a  vihtte 
hantlkerchitrr  hanLi";^'  out  at  liis  pcu^kel,  they 
were  to  Xnke  nonce  »it'  him  tn  te  sir  Gc-orije 
liarcley,  urMl  liny  hud  len  levvisd'itres  a  piece* 
tor  Ui^ir  ji}ume\s  tt*  carry  Ihem  uff;  ami  30U 
haF(7  hi^ard  tram  whom  tney  had  itietii ;  anil 
|bey  were  toM,  ihai  ifat  Calais  they  were  kept 
2im|i^ei-  than  I  hey  expected,  whereby  their  mo- 
ney was  spent,  care  wns  takf^n  tiiat  they  sihould 
i>R  till ppl led  from   the  governor  of  Calais^  the 

Sresj.letiithere;  and  it  sccm*i  Mr,  Harris  and 
Ir,  Hare  m  ent  together  to  Calais,  and  lay  a 
coaHiijerdlde  lime  for  want  of  a  wind,  wherehy 
Iheir  oioupy  fell  short  of  defray injf  their  cx- 
peuce^  ;  hut  thry  were  afterwards  aopplied  by 
the  (Tovernor  of  Cnlaii,  acrordioj^  as  was  pro- 
iniaeil  at  St,  Germains. 

Gentlemen,  lie  tells  yon,  thai  af\er  they  came 
intu  Eot^huulf  tlie  firt^t  time  thny  went  to  seek 
air  Getiix'e  Barcley,  wfts  npon  the  Monday 
uitfltl,  huL  ihi-y  didnot  find  bun  at  thyt  time  ; 
hnt  al'teruauU  thry  met  with  him,  and  Mr. 
Harris  hail  snbsistenee- money  from  him,  ac- 
cording to  kinj^  Jameses  promi<«e,  which  vvai>  lit 
^he  rate  tA'  5i.  a -day,  when  he  had  rm  horae» 
«nd  afterwards  when  he  bad  a  lior^e,  at  6*. 
fi-day  ;  this  is  the  account  he  ^i^ca  you  how 
lie  came  overt  ami  of  his  jounjey  and  inetftiniif 
with  sir  Grorye  Bare  ley. 

^nd  now  he  conies  to  «i{)eak  particularly  con- 
cerning* ilie  prisoner  at  the  bar,  Mr.  KookwomI  - 
He  tells  you,  that  on  Saturday  morningf  I  he 
l^th  of  February ^  the  first  day  when  tliis  as^an- 
■inuiiou  was  deniirucd  to  be  committed,  he  wi  nt 
to  the  lodi^itig  i>f  one  Burk»  wheie  Mr.  Rook 
wood  was,  with  others,  and  he  found  tlipm  all 
ia  a  i^eut  dii^oriU^r ;  and  ihi^reuiiim  Iil^  asked 
rijeni,  what  wjir  the  matter,  and  what  they  were 
l^oin^''  In  do  ?  And  Hftokwood  bid  liiiu  go  to  one 
Conuter,  aiid  Uv  shuuld  know  ol  him  whal  wu8 
the  matrcr :  acoordtnifly  he  went  to  his  h»d^* 
la^,  atid  Counter  told  him  ami  those  vUio  weie 
with  bnii,  tliat  ihey  muiit  {^f't  ri'udy  to  go  to 
Turnham  Giien  ;  tiiid  at  the  same  time  and 
jdace  hi'  mt*t  widi  sir  Giorj/e  Barcley ,  and  atWr 
tome  ttiNcouriie  of  aitnckui»,r  thi*  coach,  sir 
Ge^iri^e  Bdrclcy  at  the  fir^t  said,  they  nvre  tit  a 
iiinizarie<  j  ;ttu\  athrwards  ^TfjjM^  out,  he  caiue 
in  ngaui  aiul  sbhU  llit-y  were  mm  ot  houonr,  and 
ihut  iiu  y  wtre  to  go  ahroad  lo  attack  tlie  piiuce 
pf  Oninge, 

The  n«'Xt  day,  or  a  little  time  after»  Mr, 
Uarriv  mei  witi»  IVIr,  Hook  wood,  and  enters 
jntii  discourse  \*  ah  hrni  to  iIiir  cHVcl :  \\  hai  ! 
jire  we  sent  01  cr  to  aiunler  the  prime  of 
Ornmre?  It  m  a  strange  sort  of  employment  : 
(for  It  fcecrn»  lliey  wer^^  not  inrormt'tl  iuViauce 
what  lliey  «  ere  to  do  here,  hut  they  viere  to 
put  themseKes  under  ihp  cjihiuci  <d  »iir  Gemije 
Barcley,  nndohe^  lissordcTS  )  Air.  Uuok^Mlod 
taul,  he  wiw  afraid  thetljint^  vas  >o,  mid  tliat 
fhey  wcredniwnin  ;  hiil  said.  It  he  had  Unov^n 
pf  the  dt-Mii^n  helore-hnnd,  be  would  out  have 
^fce  o^ei*!  but  bafe  begg^^  the  king's  pardou. 


Trial  qf  Antdrase  Roohmod, 

Which  »ihews  not  only  \m  knowledj^  of 

desifrn,  but  bis  being  engaged  in  the  pn 
tion  ot  it. 

And  then,  Gentlemen,  you  are  told  fiirti 
Tl»a<  upon  the gfoin^f  out  iipon8dlurdn\  ihe  \ 
whii  b  was  the  second  time  it  w^^  to  have  i 
put  in  execution,  there  was  a  \\^\  of  meo  1 
Mr.  Uookv^ood  |ravfc  to  Mr.  Harris  of  sei 
names  that  he  ha«  mentioned  to  vou  ;  lie  sa' 
Mr.  RookwoodV  niirne  waii  at  the  top,  3fi 
that  was  to  command  the  party,  and  I  ho  m 
he  went  by  w»&  Roberlfi ;  and  there  was  (far 
connterteii  name,  which    u  as  Jenkins ; 
Hure*!i  comiterteit  name,  which  waa  Guii 
and  they  wtie  to  nifike  ready  lo  go  to  T( 
ham-Gietn.     He  tohl  liim,  there  was  a 
and  thnl  be  and  Harri<i  was  f  1  be  of  hifi  pari 
that  he  nus  to  attack  the  prmce  of  Orantje,! 
that  Mr.  Harris  .should  l>e  bt^  aid  ile  camp, 

G(  ntlemen,  I  fur^ot  to  tell  you,  That  betwi 
the  tirstS^aturilay  and  the  aec<md,  Mt^.  Han; 
Mr,  Hr»okwondt  anti  Mr,  Lowick,  walkriig 
Hed-Lyoo- Fields,  and  tht^re  in  di^coi 
amonf:*themselviii,  Mr,  Hun  is  and  Mr,  Ron 
wood  did  express  tiietosclveR  lo  he  iiiueb  c 
cerned  that  they  were  to  lie  employed  u 
m»ch  a  desig'n  as  this  was*  w  bich  they  owi 
to  be  tery  Jiarltaronai  hut  Mi%  Rf»okwooiJ  \ 
Lowick  said.  They  were  under  comiuund,  1 
tnuKt  obey  orders^  though  Mr.  Ruokwood 
not  like  the  design  they  were  enifatfed  in. 

CJeiitfcmetJ,thev  hii*etutd  }ou  ol  horses  I 
were  plai"©!!  at  fciuraenwt- ho«ise  in  a  sti 
thtre,  under  the  cpre  of  Mr.  Lewis,  my  I 
Fe*  ei'sham'si  gemleman  of  the  horse,  about 
or  seven  horspK,  und  those  n\  horses  tf 
thereat  that  time  were  afterwards  taken 
but  that  \s  only  a  circumstance, 

80  that,  Oetitlem^Ut  tins  i«  now  the  aitm  i 
siibvtQUce  ol  this  evidence  thai  has  been  gii 
you,  as  tar  aii  it  relates  to  the  prisoner : 
counsel  in  his  ilctence  have  ins i^teU  upon  1 
veral  ihiogs  ;  in  the  tirsi  place,  thougU  i|  1 
last  merit loneil  in  tune,  yH  ii  ou^hi  to  have  \ 
first  con!< id etation  ;  the  ciiunset  for  thepriaoi 
have  endeavoured  10  lake  otf  ttie  credit  of  ] 
Poller,  ami  have  0|ieneil  indeed  very  jjri 
crimes  ihut  he  Blioufd  heg<dhy  ol«  whn  h  nil 
»*ender  htm  a  person  n>*t  u»  be  lieht*%edj  I 
tbty  have  not  plowed  iiny  thio^  ;  no  utni 
that  they  haie  calleil  ajjaiiiHt  Mr.  l*oit#r*a 
the  leufit  a;(auii»t  Imii  lo  invalidule  hiK  lestaiicii 
or  to  induce  yon  lu  disbelirte  wIihi  iic  baa  sfl 

Thtn  they  Ray  in  poitit  of  law,  Tliere  is 
overt- art  pm^nl  fd'  iin>  design  agaioM  | 
kiiig^s  hfe  ihai  affects  ^\\\  Rtkokwc^od  ;  ui 
that  main-r  you  are  to  coiinider  of,  wbethep* 
noil  ilots  a|*fi^»r  by  the  it'^iuuony  of  two  n' 
I  ne^^c^,  that  Mr  liooki«ood  hqs  toneertiml 
this  desif^ii  of  U9»jia«}iirialiiig  the  kiOiT ;  Cft|ill 
Porter  is  pruiitive  that  lie  ^^  aiv  31I  the  cuu!»uli 
the  Glolje-iavern,  where  it  nas  firopt^Ftd,  1 
battd,  and  resoked  upon ;  but  Mr,  Rookwc 
Kny.s,  hu  <ltd  dii^like  11 ;  (^o  ^uyscapiatn  V*\ 
lit-  d  d  not  Hpprove  of  it  at  the  fiui  updn  | 
bi  tit;;  ioifuuhitid  ui  h  it-,  but  bein^  m 
j  to  obey  the  orders  of  sir  George  Dardey, 


•UUUl I 


imi 


High  TreasomJ^ 

George  Bareley  producing  a  sclieme  ready 
drtwn«  wlief^m  he  H4«  tu  cntnmaiul  the  party » 
l«Hij]g  hitik^  that  be  mtisl  n\\ey  oide rs.  Wan 
hrar  wbai  he  sakI,  uitl  tl>e  answei-  he  rrtiirnect 
inPraiichT  Tbrre  is  an  etui  oi  it ;  whether  that 
4iCi  Mtiamuutil  to  a  amsfut  und  a^rt^t-ment  tu 
biiOgfm^i  in  lU«  cle»i*^n,  is  l«t'l  m  ytmr  codsI- 
4ii»liiiii ;  trir  i^'  ii  ilo^  it  is  pUmly  an  o?ert-act, 
Tben,  Genlletiien,  yau  hcAr  further,  that 
liiiTTA  was  luld  by  iVlr,  Rjokwocvl,  that  lie 
■hAQlii  b«  orbts  party,  and  le  his  aid  itu  campi 
»B4|fotuTuriikiaiii'iir4^c'tJ  to  attack  the  prince 
iift)r»ni^,and  Ue  had  a]t»tot  men  given  Iriuihy 
Jliikiirooti,  and  viras  directed  to   get  the  rc^t 


ICfiff^&^cKH/.  That  was  not  in  thcindietmcnt. 
L*C  J.   But  you  were  at  that  rattling,  which 
1  lU  the  itidu'tnieiit. 

itrood.  My  lord,  that  list  ig  not  in  the  in- 
em  ;    the  list  in  th«  itidtctiiient  rctcrs  to 
Mr,  Cranbume, 

L  C  J*  Sq,  but  thai  is  an  evidence  of  yoar 
kifif  in  ihede^iun;  I  hope  ih»t  list  of  nieti 
•iit^aitfiieetideQceot  the  Lunjieut  and  aj^ree- 
■mtiJiaiMr*  RookwouJ  WHS  to  cifinmanJ  a 

6ur  B.  Shower.  With  ffubmission,  my  loril^ 
i^ftbcaci  seem  otIitTwise,  and  that 
&htiii1d  bt*|^veo  in  evidence,  that  is 
iy  allrili^ed. 

L.  C*  /-  But  ran  not  there  be  one  act,  that 
m%\  \m  [if*H%i  of  another  uet  wbirh  is  a!  ed^ed  I' 

liir  B.  Sfnm€r>  Then  there  \s  no  advautau^e  of 
Ibiv  lanr ;  |iir«  my  h*rd,  the  end  of  the  act  uus, 
Tttal  tht  y  dhuiihi  ktiu  .  the  puriicuhir  cnines 
tbsltbry  Merc  to  antiM^r  tu. 

LC'j.  TUat  cotdd  ne^er  be  the  end  of  the 
law,  \\ml  all  particular  facts  that  are  hut  evi- 
4ri3«F  oT ibt'  tnc)^  al led cieif  should  he  set  forth  in 
tW  4mJ*eUiietit ;  it  mii»  sutlicient  before  the  act, 
to  4J**<d|;r  any  overt  act;  mid  any  oth^rovfrt- 
aci,  |Jb«Ma|^U  iiut  alh'd^^tdautil  h^d  no  relation  to 
|lw ofipf t-sct  that  Masaiti'd^ed,  ytt  if  it  ucre 
ID  ilie  cainif  s^irt  ol  ireasou,  might  be  given  in 

*ftr  B    "^hoirer.  The  law  says,  Ye  sltaU  not 
^r  e«iilei)i'«>  of  any  overt-act  that  is  Dot  ex- 
H  ui«£iiiio(jed« 

C  J*  It  i«  not  urg^cd  as  an  overt- act, 
ft  r»idence  of  ati  overt- net  ibnt  is  alled^rei)  * 
liriailsiiee.  theov<rt-ait  alledged  iii,  tbuf  they 
M  HMWl  attd  conduit,  ^hall  not  ihey  fi^ive  in 
fvidf«l04$  wliat  Mixv,  ^idHiiiM^ii^  ^*  thosi:  tneet- 
IDfpi,  tliautrh  not  iilUdired  :'  ^ijr  George  Burctey 
^roilnc4^i  a  sbcbeme  at  the  (j lobe- tavern,  $iball 
oat  tbe  producing  of  that  scheme  be  ((iven  in 
v^vU^tictr  ^  If  it  may,  why  n^it  the  giving  the 
list  tM  Harris? 

Mr   V^ihjtfti.      !^Vy  lord,,   it   U  plain  it  was 
Itr  Attofuey's  opinion,   it  couhl  nut  ije  gi*en 
h  ^viueoce,   noteH!4  it  wns  alletlged  in  the  in- 
lifctiuent  \    liecao'^e    he   has    particularly   al- 
Id^l  lh«  bM  lu  Craubnrne^s  case^  in  this 
bilifitinefii. 
Oen.     I  know  not  ivhat  those  srentte- 
by  \\\i%  twrl  of  practice ;   certainly 
iiet«r  urera  w^  mftoy  irreg'uliM'ities  com- 


miitcd  in  any  trial  as  in  this,  and  tinw  parttcn* 
larly  to  break  iu  upon  the  court  in  the  midst  of 
tlvc  eliur^e, 

L.  C.  J.  Nay,  nay,  if ihcre  l»e  any  nxiatakep 
let  us  hear  them,  ih^it  it  n»uy  he  recltliied. 

L.  C,  X  Tre6y.  I  think  we  should  receivo 
them,  to  iiT  if  they  can  o*ake  it  our.  But  the 
objection  1  do  not  very  wi-ll  understand  yet  j 
^r,  as  I  take  tbe  matter  to  stand,  it  is  alJed^ed  i 
in  the  indictment,  that  ttiey  hail  prepared  men 
and  anus,  and  horses,  fai  the  execution  of  this 
desijfn.  Now  ii  it  not  fpa^onable,  or  can 
there  beany  thiniif  niort*  proper,  than  to  g'iv^ 
in  evidence^  and  prove  that  the  fnisouer  had, 
and  dehi  ercd  to  some  of  the  complices^  a  hst  of 
those  men  that  were  to  do  ilf  ^V'hy,  it  proves 
the  very  thiti^  alktfged  ;  but  let  usscewbe* 
ther  it  he  so. 

Sir  B.  Shower.  My  lord,  there  is  do  eucIi 
thing  a  Hedged, 

L.  V.  J.  That  ts  strange  !  pray  see  if  It  b« 
in  tb&  indictment. 

Clerk  if  Arr,      (Reads.)     *  Conreniebant, 

*  proposuenint,    traciaverunt,    consuliavernnt, 

*  consenserunt,  et  a|^reaveiuut,  ad  ipsum  Do- 

*  mhium  Kegem  nunc  ex   Insidiia  et  Dobper« 

*  cniiGiHUim^  Angiice  *  to  as^ssinate,MDto^fici- 
'  end  urn,  «t  murdrHndutn  ;  el  ad  execrahilemi 
'  horrendam,  et  dctestabilem  Assasbinationem, 
^  Angtice  ♦Assassination,*  et  interfectionem 
*^  illam  cilius  exeq»iendum    ci   perpetrandum^ 

*  postea   scilicet  t^iadem  Die  ct  Anno,   ac   di- 

*  verbis  alii^j  Ditbusot  Vicihus,  apud  Farochi* 

*  am  pro^diciam  in  Comiiatu  priedicto,  prodi* 

*  torie  troctavtrnnt,  projH'Huei  imt,  et  consulta- 

*  veront  *}e  Viis,  Modis  H  Mediis,  ac  Tempore 

*  et   Loco,   ubi,  qnando,  cjualiter   ef  quorimdo 

*  dictum   Dominuiu  Etegeni  sic  ex  Injiidiis  fa- 

*  eilius  iiiteriicerenl  ;  el  consenserunt,  asjrea- 
f  vcTunt    et    asseuserunt,    quitd    quadraginta 

*  Hiimiues  equestres  aut   eo  cir<'iter,  qnorura 

*  ii*ltm  IJlirisiophorns  Koighlley,  Rohrrtos 
'  Luwicki     Amhriiiiius  Hookv^ood   et  Caiolus 

*  Crauburne  Jbreut  qiiatuor,  et  quilihet  horum 

*  proditorie  sujier  se  j*usceprt  esse  nnum,  cum 

*  jjomlmrdis,  Sclopis  et  fciclopetin,  Putvere 
'  bofidianhco  et  GUdiuUs  plumbeis  oner  at  is,  et 

*  cunr  Ghifliis,  Ensihus  ct  aliis  Arm  is  annali 
<  imiidtiiti   tortnt,  et  essent  in  ^iubse^sn,    Art' 

*  gikt   *■  in  ambuiib,*  adundem  DrMiimum  Rc« 

*  ^em  in  ftbeda  sua,  An^Occ  *■  hif*  coach,'  cx- 

*  ihtentcm,    qnando    IbriN    iret    invurteudum  ; 

*  quodqne  quidam  et  competens  NuTuerus  do 
*•  HuminihuK  il  i^s^  sicarmatisinHaielhteft,  Art' 

*  glke  *  I  he  guards,'  ipsius  Domini  Regis  euni 
'  tunc  attendenies  et  bee um  existciiti  :^  agtjrcssi 

*  ibreut,  et  eoa  expugnarent  el  deMnterent^ 
^  d nm  alii  eonindem  IJoininum  sic  armiatoruiii 

*  ipsum  Dominura  Regtm  perruterent>  inter^ 

*  tkerent,  occiderenl  ct  murdrarent/ 

Mr*  Ctwyfri.  And,  my  lord,  there  k  cH- 
dence  of  some  of  these  forty  men,  wKoM 
nameti  were  given  in  a  list  by  Rook  wood  t» 
Harris? 

Mr,  Fhipps.  But  now,  in  CraDbnrne's  perl, 
the  list  is  expressly  altered  as  an  OTert-  icI* 


Ttiai  of  Ambrose  RaQkw:oi^ 


I 


L.  C.  J*  Never  talk  of  Cranbum^,  we  have 
Pdi  him  before  Ui»  uovt ;  Imt  wbnt  ilo  yua  »ay 
10  this  of  the  ru.i|riven  Uy  Rookwuod  to  Harria  ? 

Hit  B,  Shoicer,  My  Lord,  «ie  s:i  y  this  b 
not  evidence  of  aa  overt- act,  aceonlini^  tu  tUii» 
act  of  porhameol ;  whicb  sa)s,  wo  efi«kiiee 
shall  be  given  of  any  oiert-act,  ihut  is  imt  ex- 
jiresBly  ^ledgeci  in  tlic  iuiliftinent ;  lujw  ihe  in- 
nictment  says,  tbey  did  sy^ree  that  T^rty  hi^rse- 
men  armed,  ot  which  liietour  named  werei<»  In? 
foor,  and  every  one  uudertook  U>  ii€-  otie,  ^vbo 
fthoiilti  lie  ill  wait  to  svi  upoo  ilie  kii^i;  in  bis 
coacbf  aud  a  competent  dumber  sbuiild  set  upon 
the  guards;  and  then  it  E»ay$,  in  ordtitr  to  fulfil 
this,  they  did  pre^iare  tiorscs  and  arms,  and  one 
of  Ibemby  ihe  cooseui  ot  all  the  rest  did  <'arry 
forward  aud  backward  a  hst,  that  is,  Crao- 
bume;  atid  that  partirulur  hst  is  a  purlictdar 
overt-act  alledged  hi  the  indicltiient ;  which 
makes  it  plain,  ihey  thought  it  necessary  to  he 
particularly  alkd^ed  by  iliis  act  of  parha- 
lueDt,  or  they  could  not  g-ive  any  evidence  of  it ; 
now  the  list  tliat  evidence  is  given  of,  is  sup- 
posed to  be  delivered  by  rhe  prisoner  to  Harris, 
Now  first  we  say,  it  is  not  evidence  tliat  torty 
ahould  du  it,  for  tbey  may  dr*  it  without  a  list; 
and  next,  it  is  not  e%ideiite  of  iht;  hst  that  tbt;y 
have  mentioned,  lor  tliat  is  alledged  to  be  car- 
ried about  by  Cranburnc  j  iiod  as  the  prisotier 
himself  has  observed,  this  litit  ^iven  to  Harris 
is  not  in  the  indictincat,  and  iKeretbre  no  evi* 
dence  cmo  he  given  of  it, 

Mr.  Conyns.  It  is  an  evidence  ofthat  overt- 
ftct  wbicli  is  el  press  ty  alteJ^eil  iu  the  indict- 
iQent,  that  they  met  together  to  consult  how 
to  effect  this  treason, 

Mr,  Cow  per.  My  lord,  wc  are  In  a  very 
strange  case  berr,  it  we  be  not  very  proper  iu 
this  part  ol'our  evidence;  the  overt-act  livid  is^ 
That  the  prisoner  iint  together  wilh  olheriJ  to 
consult  how  to  assassinate  the  king,  and  tlui  e 
the  prisoner  among'  tlie  re^t  did  a^ree  it  lihould 
be  done  so  and  so.  It  in  admitted  the  prisoner 
was  there ;  hut^  say  they,  if  you  only  prove 
that  he  sale  by  while  there  was  a  ja^cner^d  dis- 
course of  such  a  matter,  but  do  not  provi^  ilnit 
li«  said  or  did  any  tiling  expressini^  his  usscnt^ 
that  will  not  amount  to  a  proof  of  the  overt -uct 
laid  ;  and  yet,  if  w  t?  go  abtuii  to  prove  further, 
any  act  done  that  manifests  his  assent,  then  ihey 
fifty  you  go  too  fur,  and  prove  an  overt- act  that 
in  not  menuonetl  in  the  iudictment.  Thtis  they 
j^rant,  the  agreement  U  a  sntHcient  overl-act, 
but  object,  that  being'  present  barely  is  nol  a 
snflic'ient  proof  o!"  his  n^reerueni;  then  whcii 
ive  go  to  make  prool  of  any  thing'  that  is  a  auSi- 
cient  proof  of  bis  agret* menl,  they  teU  us  it  is 
not  proper  upon  this  act  of  parhamcnt,  be- 
cause nut  hiid  in  the  indictment,  though  his 
agrei'meut  be  laid  in  iho  indictment :  And  m 
they  would  amuse  us,  rather  than  mJike  any 
solul  ob|ectioD  to  our  evidence.  Thi^  doctrine 
is  certainly  very  o<ld,  my  lord,  and  we  doubt 
not  will  bavc  hitlc  weight  with  the  court  or 
the  jury. 

Ait,  Gen,  According  to  this  doctrine,  all  ibc 
evidence  mu^  be  put  in  the  iodictuietit. 


L,  C.  J,    Tbey  ask  you,  wbai  Ais  givii^ 
tliis  hst  does  prove. 

Alt.  Gen,    His  tt§rr<-eing  at  that  m^^liner 
the  cuuspirary,  and  the  esecutufu  of  it,  by  ^t 
ing  that  list  of  the  names  of  iheni  that  were 
he  of  bis   parly,  aud  his  own  name  as   eoti 
mauda*  of  that  party,  this  he  I'-ives  to  one  tli 
was  to  be  nf  the  party,  and  particularly  wan 
l>e  his  aid  du  eamp^  in  order  to  ^et  them  read 
(or  the  txeculiun  ;  is  not  ihis  an  evidence 
the  agreement,  which  is  the  overt^act?     N 
man  in  the  world  can  he  convicted  of  treni 
if  thi!!(  doctrine  be  true. 

ihf.  Lien,  My  lord,  tbey  have  not  txpi 
something;  m  tfie  iudintmifntthat  has  beeu 
which  will  make  it  plain  tlmt  tins  is  the 
pfO|»er  evidence  of  the  overt-act  taid  in  liie 
diciment.     The  indictment  tiays,  tUey 
there  hiHinld  be  forty  men  or  ihcreaho 
ed,  of  u  hich  a  certain  number  shouhl  m; 
assuult  upon  the  king's  coach,  while  aoi 
purt  sliould  set  upon   ihe  guards:     N^ 
proof  wt:  tnake  is,  that  I^Ir.  liookwooil 
soner  was  to  command  a  party  that  w 
upon  the  guards  ;  and  in  order  to  it,  ' 
a  list  of  bis  lueu  to  Harris,  who  was  to 
aid    du    camp,  and  bids  hiui  get  those 
reiidy  ;  and  this  was  upi»n  tlie  day  that  tl 
nmtler  was  ly  be  acted  ;     So  that  it  proves  vcj 
pliiinly  that  oven-act  that  we  suggest  in  ll 
iudictment,  that  a  certain  number  of  thoae  mi 
were  to  ai^sault  the  king's  perMoo,  and  tini 
the  guards     And  therefore  tiiey  ueednl  not 
huvtf  interrupted  your  lordship;    for  this  I 
that  Harris  s]ieakii  of  is  a  very  good  proof 
tlie  (jveit-act  that  is  laid  iu  the  iudictment. 

L,  C  X  Then,  gem  I  em  en,  as  to  this 
which  they  have  objected,  that  this  liat  gii 
on  the  day  of  the  intended  asisa^inutiou,  oi 
nol  U*  ha  nlhiwcd  as  evidtnee  to  prove:  the  ti^ 
son^  because  it  is  not  fipecially  laid  in  ihe  ti 
dictment,  but  i«  by  the  lute  act  of  parliame 
excluded  from  btuig  proved  to  convict  the  pr 
souer:  Now  though  itie  act  d<*th  exclude  tf 
{giving  in  evidence  of  any  o^crt-act  that  h  n 
laid  in  the  indictment,  yet  it  doth  not  exclui 
tiiah  evidence  as  is  proper  and  (it  to  prove  tin 
ovt  rt  act  thai  is  laid  in  the  indictment,  T' 
tore  the  <pit:!3»riiio  ia,  VV  heihcr  this  giving  of 
hst  drich  not  prove  some  overt -act  that  is 
led^cd  in  the  indictment  P  There  is  in  the  ia 
dictinent  an  agreement  l^iid  ti»  kill  the  km0 
and  if  that  Itc  piovtfd,  that  is  an  overt-act  of  tlii 
treason.  Now  when  the  cum  sent  and  agre 
rnent  of  3[r.  Kuokwood  to  that  ilesign  isprorc 
surely  the  proof  of  his  giving  a  list  of  men, 
a  furlher  jiroof  that  he  did  sgree  to  it,  and  ihi 
it  is  very  proper  to  be  niveo  in  evirlence -,  t 
if  by  the  new  siatoie  no  one  act  r^^n  be  givi 
in  evidence  to  prove  {luollier,  th'  u  must  a 
uii\y  the  4jvei  t-act,  hut  also  the  evi^ience  of 
act'be  ejcpressed  in  the  indictment, 

ifontlcmen,  Vou  have  lieard  ihe  witiK 
wfial  they  tmy  c-ucerning  Ibi^i  mutter.     J 
first  place,  if  you  do  believe  that  there  wj 
cojiisnlttt  and  meeting!^,  where  tiiui  inteoi 
soisioaiioD  of  the  kmg  was  debated  and 

a 


Trial  qfCharUt  Cranbufne. 


A.  D.  1096. 


[S». 


I,  mud  tiMt  Mr.  Rookwoofi  was  present 
a^ree  to  it»  tbal  is  an  overt-act:  And 
r  yoa  are  ntisfied  that  there  was  an 
lit  to  prepare  and  proride  a  number  of 
et  opon  the  king  and  his  guards,  in 
iDcr  yon  have  heard,  and  he  was  con- 
n  making  this  provision,  and  was  to 
ost,  and  command  a  party  in  that  at- 
t  is  a  further  proof  of  that  consent  and 
nt  that  is  laid  in  the  indictment. 
men,  I  most  leare  it  to  you,  upon  the 
that  you  hare  heanl.  If  you  are 
upon  the  testimony  of  these  two  wit- 
bat  bare  been  prodoeed,  that  Mr. 
nd  is  gailty  of  thbtreason  of  which  he 
ed,  in  compassing  and  imagining  the 
'  the  king,  then  you  will  finuhim 
If  yoQ  are  not  satisfied  that  he  is 
eu  will  aoqoit  him. 

Jr.   Cryer,  swear  an  officer  to  keep 
,    (Which  was  done.) 
J.     Now,  if  yon  have  any  thing  to 
I  behalf  of  your  other  clients,  pray 

Skoteer*  Yes,  we  hare  an  exception, 
r  a  one  of  false  spelling. 
J.  If  so  be  it  be  any  such  matter  as 
i  move  in  arrest  of  judgment,  it  bad 
eseiied  till  after  the  verdict.  . 
.  Skomer.    Our  exceptions  wiH  serve,  if 
be,  for  Mr.  Rookwood  in  arrest  of, 
It,  and  tbey  will  serve  for  the  others 
■event  the  trouble  of  the  trial,  if  we 
or  lord^iip's  opinion  that  they  are  good 

I  the  Jury  withdrew  to  consider  of  their 
jwl  after  a  quarter  of  an  hour's  stay- 
.Mwned,  and  gave  in  their  verdict.) 

fJr,   Gentlemen  of  the  jury,  answer 

Hmrs.     Samuel  Powell. 

^melL  H«i«.    (And  so  of  the  rest.) 


Cryer,  Vousavez. 

CC,  ofAr,  Gentlemen,  are  you  all  agreed  of 
your  verdict? 

Jury.  Yes. 

CL  ofAr.  Who  shall  say  for  you  ?  . 

Jury.  Ourfoi-eman. 

CL  of  Ar,  Ambrose  Rookwood,  hold  up  thy 
hand,  (which  he  did).  Look  upon  the  prisoner  i 
How  say  yon  ?  Is  he  gnilty  of  the  high  trea» 
son  whereof  he  stands  indicted,  or  Not  Guilty  F 

Foreman.  Guilty. 

CL  of'Ar,  What  goods  or  chattels,  lands  or 
tenements,  had  he  at  the  time  of  the  treasoil 
committed  t 

Foreman.  None,  to  pur  knowledge. 

CL  ofAr,  Then  hearken  to  your  verdict  li 
the  court  has  recorded  it.  You  say  that  Am- 
brose Rookwood  is  guilty  of  the  high  treason 
whereof  he  stands  indicted,  but  that  he  had  no 
g[00ds  or  chattels,  lands  or  tenements,  at  the 
time  of  the  high  treason  committed,  or  at  any 
time  since  to  your  knowledge,  and  so  you  sav 
all  i»— Jury.  Yes.  ^ 

Mr.  PmoeU,  We  desire  we  may  be  dia* 
charged. 

X.  C.  J.  We  cannot  do  that,  till  we  see 
whether  there  be  enoo'gh  upon  the  other  pan* 
nel:  We  will  give  you  as  much  ease  as  we 
can:  We  shall  not,  I  suppose,  tiy  the  other  till 
the  afternoon,  therefore  you  may  take  your 
ease  for  the  present ;  but  you  must  be  about 
the  court  when  the  other  trials  come  on. 

(While  the  Jury  was  withdrawn,  the  court 
offered  to  the  counsel  for  the  prisoners,  that 
they  might  move  what  exceptions  they  bad 
before  the  Jury  was  sworn  as  to  any  of  the 
otiier ;  which  accordingly  they  did ;  but  that 
relating  to  the  case  of  Mr.  Charles  Cranburne^ 
in  whose  presence,  being  then  at  the  bar,  tbe 
objections  were  made,  mat  part  is  left  to  bia 
Trial.) 


The  Trial  of  Charles  Cranburne,  for  High  TVeason  t  At  the 
Sessions  of  Oyer  and  Terminer  for  the  County  of  Middlesex, 
sitting  in  the  Court  of  King's-Bencli  at  Westminster: 
SWuliamIII.  a.  d.  1696* 


Aprii  SI.  1696. 

SR  the  trial  of  Ambrose  Rookwood  was 
bile  tbe  jury  were  withdrawn  to  con- 
r^Sacir  verdict,  the  court  proceeded  thus : 
:.  J.  (Sir  John  Holt.)  Mr.  Attorney, 
w3|  yoQ  hare  tried  next  ? 
Gem.  (Sir  The.  Treror )  Cranburne, 
letdAmpleaiei. 

if  Ar,  Then,  keeper  of  Newgate,  set 
I  Cranbome  to  thenar. 


.flSS.    Holt,  68a.    Bast's  Pleai 
Gk»«i^e.S,a.40«49|6S. 


L,  C.  X  You,  ffentlemen,  that  areof  coonsei 
for  the  prisoner,  if  you  have  any  thin(|f  to  1 


for  your  client,  you  may  move  it ;  but  first  let 
tbe  prisoner  be  uere. 

(Then  Charles  Cranburne  was  brought  to  the 
bar  in  irons.) 

L  C,  J.  Look  j^ou,  keener,  yon  should  take 
oiTthe  prisoners  irons*  when  they  are  at  the 
bar,  for  they  should  stand  at  their  ease  whea 
they  are  tried. 


See  in  this  CoUectiooy  ?oL  5,  p.  979. 


I 

I 

I 


I 


8  WILLIAM  IIL 

Keeper.  My  lanl,  we  UaTe  no  instruments 
li«re  to  ilo  it  jnsjt  now. 

€L  of  Ar.  You  may  send  Lo  the  Gale- bouse, 
tod  borrow  insiruuiciits. 

Just  Pouxti    It  sJiMild   be  4uoe,  mdeeit  j 

L.  CT  J.  Well,  go  on  I  sir  Baiiliolomew 
Sbovver, 

ii//*  Gen.  My  lord,  bf^foreuir  Bardiobmew 
Shower  cuter  upon  his  excrptioiiK^  ut)1c<i«i)  tboj^e 
exoefitiofHj  of  bi!»  »re  some  of  the  pMiiiculars 
m^nttotieO  io  this  acl^  he  imiNt  tir>l  do  it  tnav, 
after  plea  pleaiJed,  befur^  ibe  trial ;  btil  be 
iDUil  ilo  it  in  arr<fst  uf  jufl|rrtieDt. 

L.  C.  J.  Trcbif,  It  is  true,  regularly  ;  but 
let  bitu  use  his  own  juilgment. 

L.  C  J.  It  is  very  true  ;  the  course  ha?  nol 
been  to  allofr  them  to  ino?e  to  quasb  an  imliel- 
meiit  lor  treatjon,  or  felony  ;  but  it  may  be  done. 

Ait.  Gin.  8ure,  it  must  he  only  ft'r  such 
thinffs  aa  ihey  cannot  take  advantage  of  in  ar- 
real  m  Juilg'tnent  after  ll»e  verdict 

L,  C  J.  It  hats  uut  been  the  eonrae,  but  it 
may  be  done. 

Ail  Gen,  Not  where  there  is  an  isaiie  join- 
ed, and  a  jury  returned  to  try  ihnt  issue  ;  I  be- 
lieve ihat  oever  vva»  done,  nor  ai tempted. 

L.C.  J.  Triby,  If  there  were  any  prejudice 
to  the  kro^  by  it,  it  were  not  fit  for  nn  to  alter 
the  course  ;  but  tel  ii5  hear  \%  hat  his  ei^ceplians 
«i*e. 

Sir  B.  Shnwwr.  I  have  several  exceptions ; 
five  at  least ;  one  of  them  is  within  the  very 
word«  of  the  act,  that  is,  improper  Latin  ;  I  atn 
aure  some  of  it  is  so. 

L,  C.  X    Well,  let's  bear  what  that  is. 

ii\T  B.  Shower,    It  saya,    ^  anno  re^ni  dicli 

•  doitiini  regi<  nunc  ^eptimo,'  and  Lewis  is  the 
last  kiofif  rtienttont'd  before ;  and  so  here  in  no 
year  of  the  king  of  Eng^lond  meniione^l.  It  is 
A  certain  rule,  that  relatives  most  refer  to  the 
last  auteeedent ;  and  that  rule  hol(]»  ahrays, 
unless  there  Ue  weirds  thai  accompany  the  re* 
lative^  which  undeiiiahly  shew  to  what  it 
refers* 

L.  C.  X  Aye ;  but  do  we  call  the  French 
kiB^  *  cfominus  rtxf* 

L,  C.  J.  Trehtf.  He  would  have  beeu  bo,  if 
hm  had  succeeded  in  his  invasion^  aud  thi^  as- 
sassin at  ton. 

8ir  B,  Shomer.  In  every  indiclmenl,  if  there 
be  occasion  to  mention  a  former  kin^,  il  \%  al- 
ways nupcr  res  and  such  a  one,  naiiiin<T  the 
©aiiie  of  the  kiuj?,  where  llie  preseut  king's 
Dame  does  iiiterveue,  to  prevent  contiisioo; 
and  so  in  civil  actions  it  i«  the  same ;  and  so  it 
shouki  have  been  here. 

L.  C,  X  Ay  ,  but  I  tell  you^  it  is  *  dotninua 
'  rex  nunc/  which  i^  our  king^. 

Mr,  Phipps.  It  iii  not  said  *  Anfjlia?/ 

L.C.J,  But  wherever  it  is  *  dominns  rex,' 
we  understand  it  of  the  kiniif  of  Kny:land^  and 
nobody  ehe»     Readnhe  indictment, 

Ci.of  Ar.  '  Necnon  cundeni  Uoitiinum  He- 

•  gem   ad  Morieiu  et  finaleni   De^tiutiioncm 

•  ponere  et  adiluceret  »c  subdjtos  suos  fideleh, 

•  ct  Liberoi  llonaiues  Hujus  llegtii  Anglia:  in 


Trial  ofCharUs  Cranbume^  fl 

I  *  servitutnm  intolernhitefn  et  fiitserrimani 
j  *  dovico  RpLri  Ctullico  sulijoi4:arf,  et  maneipal 

*  Dectmo  llie  Frferuanr,  Anno  Ket^ni  dicti  D 
I  *  mini   uunt*   Regis  ?»eptiiiio,  el   tltYersia  i 
I  *  DiehiH,  &c.» 

I      L.  C  J  Can  any  man  imagine  this  to  be 
'  Frem  li  king  ? 
I      Sir  B.  Shower,  My  lord,  jour  lordship  U 

to  imagine  one  way  or  other, 

Mr.    dm  per.     In   the   strictest  sense 
grammar  in  the  world,  it  must  menu  kin|;  \ 
Imw^  a  nil   no  other.      We  do   ncH   need  3 
irnsigmaijoo,  v^  hi  n  in  the  strictest  constnit;!! 
it  ift  pin  in  who  it  refpvs  to. 

Hir  B.  Sh(*wtr.  I  am  «nre  no  grammar 
make  it  go^id  ;  nothing  but  a  &up{M>sttii>ii 
hefp  it 

Mr.  Corrper,  When  it   is  said  *  Dictus  1 

minus  Hex,'  if  sit    Barlbokmiew  Shower 

ItuiI  out  another  *■  Dominns  Rex*  in  the  im 

I  tneni,  then  he  may  make  something  «d'  hi* 

i  ji'Clion  ;  hui  the  *  Dinnmus*  is  only  appbe 

mirovfn  king  throughout. 

L.  C.  J .  PnOj/.  Hesides,  as  to  the  rule 
sir  Bartholomew    Shower  menlionUt  it  it 

*  ad   proximum  Amcceilens  fiat  relittio  nisi 

*  jjediwl  Henteufia.*     That  is  the  rc'stricti( 
the  rule,  it  must  relate  to  the  next  aiiti 
uidess  the  sense   would    Le   projutltced  ; 
here  if  ibis  const  rut- 1  ion  should   be,    it  m 
make  this  clause  in  he  no  better  than  nni 
\ix.    I'hat  the  Hidyects  and  freenieti   of 
realm «  ^re  to  be  brought  into  inii>lerabte  alavf 
to  Lew«i  the  French   king,  snch  a  day  m 
seventh  year  of  the  reign  of  our  lord  the 
king. 

Sir  B.  SAoo?er.  We  say  it  is  little  better 
notisense ;  I  am  sure  it  is  looin;,  ami  un^ 
and    not  grammar,   but  carries  a   tiew  I 
with  it, 

X.  C.  X  No,  it  is  as  well  as  it  con  be. 

Sir  B.  Shtnrer*  Then,  my  lord,  there  i» 
other  exception  ;  it  is  said,  '  riiver^B  Diebin 
^  Vieihus  tnin  antea  quam  ]K)stea  ;'  and  tl 
afterward*!  it  say^,  *  posieti  nt  ilicet  eoilem  1 

*  cimo  Die  Februari*  •/  that  is  repugnant  j 
is  wi  much  as  to  say,  That  upon  the  lOtj 
Fchruary,  and  two  days  after\*ards  (to  wit) 
said  lOiliday  of  Felnuarv  ;  ihat  is,  afler 
days  afler  the  10th  of  February,  viz.  upon 
same  tenth  day. 

Att.  Gen.  'Vhat  *  Postea'is  another  sentei 
and  relates  to  other  tn  att  era 

Sir  B.  Shower.  It  raunot  in  propriety 
speech  be  said  to  hr  after wanls  ihe  B^ame  tfa 

Soi.  Grn.  (>»ir  Jolin    Hawles,)     If  sir  P 
tbolomew  Shower  remcnlhers  the  evidence 
we  have  given  this. day,  he  will  find  it  w&f 
fact  so ;  they  inirt  on   the  8atunlay  mom! 
and  allerwanls  met  again  the  night  of  the 
day, 

L.  C.  X  There  is  notlnng  in  that  oh} 
sure;  it  is  a  common  form,  when  they  tell 
tliffereiit  mnllcri. 

Hif  B,  Shonrr.    Well  then»  if  yon   will  beti 
the  rest  which  are  not  of  the  same  notntv, 
bhuli  come  to  what  we  think  %  faitid  except 


»] 


fur  llfgh  Treason* 


ite««f  tbb  b4lcltii€Qt  af  Hic1i^Trea<«on  l>emg 
tfiiii»4t  •  9(i)>jecc  hurt),  ought  to  have  liud  the 
irc>fJ»iii  it,  *  Contm  siiprcftium  nutumleitt  Li* 
'^ijtfi  l>oniiniim  %uu%\\  ;*  ac?cor<linif  to  Cal?irr» 
V^ute  in  the  7th  Report,  \o\.  septimt* 

L,  C.  J>  It  h  ^  L'ODtra  Ligeonttie  su:£  I>c- 
kitiim,'  IS  it  not  ? 

Sir  B.  Skouer.  That  won't  help  it,  my  lord, 
fiDr  «)t  that  H  appHcaMe  to  an  ahen  horn  :  ami 
foiifhe  raae  in  luy  tonl  Dy«r,  144^  where  it  i^ 
■H,  thai  U'  an  indictmc tit  of  treasrrn  he  ajritini^t 
ttufieii,  you  mai^t  not  pnt  in  the  word  nnttira- 
Im;  if  yoti  do,  tt  will  be  t'itulty,  because  he 
#«w  but  a  local  alle^ance  to  tlie  king  of  Eng* 
bad,  and  not  a  uaCural  one.  Now  ne  say^ 
llmv  are  none  of  thase  prisoners  hnl  are  «iib- 
horzi,  and  the  constant  fornn  in  queen 
lb 'a  time,  and  queen  Mary 'a,  was  to 
( the  wortls  *  Natur&Jem  Dominum/  and 
f  cannot  a  hew  me  any  of  those  prece^leots 
tit.  There  wa«  occasion  in  Tncker'ii 
tMelo  lixjk  into  this  matter,  and  seardi  aJl  tiie 
frwl4R>t».  1  have  looked  in  my  lord  Coke's 
■Mi^  and  alt  the  preccdetit;» ;  *  I  have  seen 

Zlerd  of  £sjifx^it  indictment,  and  all  the 
m  in  queen  Eli/aheth*s  time,  and  those  of 
lii  b^orst  in  the  Power- Piot,  and  tho<ie  of 
^  Rcpcide?*^  and  Tucker's*  own  indictment 
iMf ;  nil  a!oti«^  it  is  '  Njuuralem  Ekiitnnum 
wttm  i*  and  the  reason  for  it  i^i,  he  that  U 
ilMvloffi,  yon  never  pot  in  *  Natumlem  Do- 
iImmii  atitjm«'  because  he  owes  a  double  alle- 
gincv;  ufie  natoral,  to  liis  own  ktni^  under 
dotninion  he  was  bonj,  and  llie  other 
to  the  king  in  whose  dominions  he  re- 
^for  lie  is  bound  to  observe  the  laivs  of  the 
here  he  livci:  and  if  he  violate  them, 
Wettlc  the  allegiance  that  he  owes  to 
iment  where  he  lives^  upon  nccotnit 
^|tf«i9ectinn  he  cnjuyn  under  it.  But  if  he 
h  s  fubjeet  uf  the  king-  of  England,  he 
Itt kii  ime  oainral  liege*lord  ;  and  he  Wwv^ 
^ai£iiffi»tiinau  born,  the  kin^rstEinds  in  that 
I  to  Him,  as  he  does  to  all  bia  native  ^uh- 
fJHti    *  I   to  tbreigtters;  and  therefore  it 

Wia  1  I  equisite  to  be,  nnd  has  always 

heUi  ito  indictments  of  trertson  Qjraiujit 

iiKjr  And,   my  lord,  we  think  the 

•«\  f^:,.-,.M,vMi  ofthe  court, afterwards  afdrmed 
klbellou^euf  Lords  that  reversed  Tncker'ii 
r,  went  upon  thta  opinion,  that  Ihe  law 
I  *  natormletn  ligeumi  Dooiinum'  to  be 
pot  in.  There  the  exception  was^  that  *  Con- 
Urn  Uebitum  Lii^eaotite  su»^  waa  omitted :  to, 
vl^lcii  it  Witt  objected,  that  there  was  *  Dottii- 
inn  Sopremum  Naturatem,*  which  was  equi- 
Hlmt;  no,  It  was  amweredjioth  were  reqtii 
#i,  becmu<ie  every  act  chared  in  the  indict- 
Mil  oiit^ht  to  he  bid  against  the  duty  of  hla 
al^giaace.  Now  io  indictnaents  of  ueason, 
M«  af»  certain  words  ihnt  are  es«enti>tl,  be- 
Otte  of  their  relation  between  the  king;  and 
tei  people.     There  are  c^-riaiu  forms  of  words, 

"^'  '  *  ...i  ....... f.-.-.  I      'tjntoinHke 

|f^  ►f      Those 

....^.,.  ..^  .;.  .....V,,..  .  ^iidlhe  want 

will  be  a  fatal  ej(crptioa ;  ^  vrc  tliiiik 
Xill. 


A.  D*  169G.  [29fl 

it  would  be  in  this  case,  ns  nnith  as  if  the  word 
^  Proditorie^  had  been  left  out ;  oras  if  in  a  case 
of^lony  and  btlr^la^yl  the  wortls'  FeSunice^anit 
'  Bnr^lariter*  had  been  left  ouU 

Mr.  F  hip  pi.  .My  lord,  we  take  the  prnctice 
and  precedents  to  be  the  rule  of  law  in  thecaiite  ; 
nnd  I  have  looked  over  a  great  ninnv  t>rcce- 
derits,  besitles  thofie  that  sir  Bartholoiiievr 
Shower  has  cited  ^  and  1  never  saw  any  one  pre- 
cedent of  an  indictment  of  treason  a|;ainst  a 
snbjeot  born,  without  the  wnrd  Natui-alcTu  ;  ami 
all  ilie cases  cited  by  sir  Barlholoniew  Shower 
are  full  in  the  point.  Counter's  ca?te  tu  my 
lord  Hobbart,  2fl,  wher^  it  is  i^aid,  ihut  if 
there  bean  indictment  agnint  a  subject  iKirn,  it 
most  be  *  Contra  naturalem  Domi.imu  ;*  if 
n^^ainst  an  alien,  *  naturalem'  must  h<*  left  out* 
Ty  say  *  Contra  Ligeanttfc  susc  Dfbiium*  will 
not  do,  it  is  not  enough,  for  that  may  bi»  said  ^ 
ag'aiof.t  an  alien,  because  he  owes  a  locsil  aU 
legiunce,  though  not  a  natural  one.  Ami  I 
take  it,  upon  this  difference,  this  indictinent  ii 
not  Lfoml. 

Att,  Gen,  My  lord,  1  do  not  know  how  faf 
you  will  think  it  proper  to  enter  iuto  thi»  mat* 
ter  before  the  triaL 

L*  C.  J.     Mr.  Attorney,  1  think  yon  had  ai  * 
good  speak  to  it  now  as  al'an other  time ',  though 
1  must  confess  it  is  not  so  proper  in  point  of 
practice. 

Ait,  Gen,  Well,  ray  lord,  then  we  u  ill  speak 
to  it  now.  The  objection  is,  that  the  words 
*  natundem  Donnnum^  is  not  in  the  indictment ; 
which  they  say  is  conlriiry  tolhe  usual  form  ; 
as  to  the  'prece<lents,  llier'e  are  a  great  oianj 
n  here  it  has  been,  and  lam  sure  a  great  many 
where  it  has  not  Ijeeo ;  and  I  am  sure  for  this 
six,  seven,  or  eight  years  hist  past,  it  has  always 
been  omitted :  and,  with  suimuassion  to  your 
lordship,  it  is  not  at  u\\  necessary,  if  there  be 
words  m  the  indictment  which  shew,  that  what 
he  did  was  agiinst  the  duty  of  his  aHcgiiincft 
to  his  lawful  and  undoubted  lord  (wbtL-h  are 
the  words  in  this  inflictmetit).  h  u  true,  if  he 
he  not  a  subject  born,*  naturalem*  cannot  be  in, 
because  that  is  contradictoiy  to  the  obedience 
which  he  owes,  for  it  if  not  a  uiitui*ul  obedience 
that  he  owes,  but  a  local  ;  but  if  a  man  be  a  sub- 
ject born,  and  commits  treason  against  (he  al- 
legiance that  be  owei;,  that  is  against  \.m  na- 
tnral  allegiance;  for  whatsoever  he  doe* 
against  his  allegiance,  he  does  against  hh  na- 
lural  allegiance,  and  so  there  is  no  need  to  put 
in  the  word  '  naturalem  i*  becau.<ie  he  owes  no 
other  alkgiance  but  that;  it  is  sufHcient  if 
that  be  put  in  whieh  shews  its  being  ngainst 
h\9  allegiance.  If  they  could  shevv  that  a 
subject  born  has  two  allegianres,  one  that  is 
naiuralpand  the  other  that  is  not  natm-al ;  then 
if  you  would  prosecute  him,  you  must  shew, 
whether  it  was  against  his  natural,  or  against 
his  other  allegiance.  But  whrn  he  has  none 
but  a  natural  allegiance,  certainly  against  his 
allegiance,  without  putting  in  natural,  will  be 
well  enough.  It  is  true,  where  there  is  no  na- 
tural allegiance,  it  must  be  wrong  if  you  put  it 
ID,  because  you  put  iu  thatalle^uiiu:«  ^Uv^k 


8  WILLIAM  III. 


Triml  of  Charles  Crmihurne^ 


I 


he  iloe^  liot  owe  ;  but  where  he  is  a  suUjcctborti, 
to  fHH  ill  iiaturul  Lic^e-Iorij,  there  is  no  grouud 
at  uU  lor  it;  there  are  words  enow  that  sliew 
it  was  against  his  allegiance  to  his  biwfu) 
ajid  uudiJitljte*!  lord. 

L,  CJ.  Lrfiok  vou.fiir  Bartholomew  8iiower, 
ho%v  does  it  appi'ury  that  these  uieu  are  subjectii 
J>orn  f  The  metier  yuix  go  upon  does  not  B|i- 
pear  hjjoq  (lie  indictment,  and  you  are  not  to 
ijo  rttf  trom  lliat. 

Sir  B.  Sitowcr.  Every  man  is  presumed  to 
\  be  80,  unless  tlie  contrary  appears. 

L.  C*  /.  Yoii  quote  Caivia*s  Case,  and  the 
oilier  ca!»es  that  are  there  put ;  those  are  all 
cases  of  aliens;  there  is  Dr  Lopez's  Case:  he 
hein^  au  alien  comes  into  England,  and  coin- 
luits  high-treason  :  why,  say  they,  how  shall 
we  indict  this  man  ?  We  cannot  say  it  ia  *  contra 
*•  Naiumlem  Do m mum  sutim ;'  for  he  owes  no 
natural  allegiance  to  the  queen  of  England ; 
how  shall  ne  do  to  frame  a  good  indictment 
ag^ainst  this  man?  They  considered  of  thisj 
and  they  said  it  will  he  a  good  indiclmeut,  to 
charge  htm  with  high-treason,  or  any  one  elsc^, 
leaving  out  the  word  *  Naliiralem:*  For  if  it 
appear  he  ha<i  cimimittetl  an  offence ai^ainst  the 
laws  of  the  kiog^doni,  and  against  the  duty  of 

this  allegiance,  which  h  high  ti-eason,  that  is 
enongfh*  ^ow  as  to  Tucker*s  Case,  It  was  re- 
versed for  want  yf  the  conclusion,  *  contra  De- 
*  bitum  Ug'eantia;  sua?.*     Thoise  words  arc  ma- 

I  ferial  ;  for  let  the  oifcnce  be  nevtT  so  much 
tt^ainstthe  person  of  tlie  king-,  as  to  assassinate 
him,  or  levy  war  a^ain^l  hihi,  yet  sliU  if  it  be 
not  against  the  fhity  of  his  alle^iducc,  as  it 
cannot  be  if  he  owt^s  him  mine,  it  is  not  ht^h* 
treason.  And  therefore  if  it  be  againi!il  his  al- 
lr;fiance,  whether  that  allegiance  bo  natural  or 
local,  it  IS  ail  one,  it  Is  euough  to  moke  it  high* 
tfttuon. 
Sol,  Oen,  In  that  case  in  Dyer,  ihey  nht^w 
where  it  was  a  fault  to  put  thewoid  in,  but 
tliey  can  she\f  U4»  caKC  where  it  has  bei'u  ud- 
judt;e<l  lo  be  a  fault  to  leave  the  word  fiut, 

L,  C  J\  No  doubt  it  would  be  a  fjiult  lo  have 
that  in,  *  Contra  Naturalcm  Dominum  isuum/ 
where  iheie  is  oidy  a  loia!  allegiance  due, 

Mr,  Vhipps,  ifuw  di^es  it  wppear  whether  it 
is  the  one  or  the  other  that  is  due  ? 

L.  L\  X  It  is  no  maltci  whether  the  one  or 
tilt'  utlier  do  appear,  it  is  hi^h-treason  be  it  the 

I  one  or  the  other,  if  it  be  against  the  duty  of  \m 
alk-q-iance. 
Mr,  Phippt>  Nuppoii^  au  indiclment  against 
an  alien  were,  '  Coniru  Natunilem  Dominum.' 
JL-  C.  /.  That  would  be  ill,  because  then 
you  liad  laid  it  more  specially,  and  otherwise 
than  really  it  is,  and  restrained  it  where  you 
ou^ht  not" to  doit. 

Sir.  Phipps,  How  then,  ray  lovd»  shall  it  ap- 
pear that  lie  onfy  owed  a  local  obedience  ? 

IL.C.  J.    It  may  be  given  in  evidence,  that 
he  is  an  alien  Unu, 
Sol,  Gen.    lie  may  plead  it  in  abatement  to 
the  indictmsnt, 
X*  C*  J.    He  ought  to  be  acquitted,  for  you 
ktve  indicted  hiiu  of  a  criine  against  his  natural 


allegiance,  when  he  owes  no  such.  Bui  altc* 
giance  generallj  coa>prehends  all  sorts  of  nU 
leg^tance,  natural  and  locaK 

8ir  B.  Shou'cr,  Ho*v  then,  my  lord,  come  att 
the  lawyers  of  all  ages  to  put  in  those  wiird»ii]K 
indirttuents  of  high-treason  against  subjecisi 
born  ? 

L.  C.  X  No.  I  have  seen  abundance  of  priH 
cedents,  that  have  only  *  Contra  Ligeantisf  sun 

*  Debitum'  generally,  and  so  the  tnost  part  are 
for  allegiance  is  thi*  genu^,  and  if  that  l*e  sug-, 
gestedj  all  the  iijHi^ies  are  contained  iindtrr  tUat«' 

Alt,  Gen,    Well,  have  Ihey  any  inore:*         , 
Sir  B.  Shotrcr.    Ves,  we  ha%e  more.  j 

L.  C.  /.  Well,  you  shall  have  them  all  in 
lime. 

Sir  B.  Shou.cr,  My  lord,  here  is  another  ob- 
jection, and  that  is  thi^ :  Here  is  one  Ihct  tb«t 
they  have  laid,  and  that  is  the  second  overt- 
acL  in  this  indictment,  that  tliey  conaeoted 
agreed  (hat  40  men,  (whereof* these  four  w 
to  he  four)  hut  do  not  lay  it  to  be  done  trailof: 
ously.  They  9>av  *  Consenserunt,  agreaven 
^  et  assenscrunt,^  hut  not  *  proditorie  f  anil 
never  saw  an  indictment  that  laid  an  ex 
overt-act,  without  repeating  the  word  »_ 
If  your  lordship  pleaBics,  the  words  in  the  ii 
dictment  are  thus  ;  as  to  tlie  first  overt 
is  laid  in  this  manner;  *■  Et  ad  execi 

*  assassin  at  ioncm  illnm  cx^uend.'  ut 
time  and  such  a  place  *  proditorie  tractaverua^ 

*  proposuerunt  et  Consultaverunt  de  vii£  et  i 
^  dis  mediis,  (S:c/  and  tlien  comes  this  whie 
we  except  against;  '  etcoosensenmt,  agiemfi 

*  runt  et  assenserunt  quod  quatlragiuta   Ho 
*■  mines,'  6:c.     Now  this  is  a  plain  di^unet  i 
and  tiiere  is  no  *  pruditorie'  to  it ;  and  if  ef  ^ 
they  can  slicw  me  any  indictment,  in  which  \ 
overt-act  was  laid,  of  which  they  ga^re 
evidence,  and  it  liad  not  the  word  '  prouitotj 
in  it,  1  am  very  much  mislaken.     I  am  i 
nevcir  saw  any  isuch.     And  it  is  not  i 
say*  ihat  the  nature  of  the  thing  is  sue 
that  it  cannot  hut  be  a  treasonable  act; 
they  must  alkdge  it  to  be  ho,  by  liie  express  i 
of  that  word  w  liich  the  law  has  appointed 
express  this  crime  by.     In  the  ca^^e  of  an 
dictoient  for  felony,  if  it  l)e  not  s;iid  felony,  it  j 
not  g^uod*    They  are  not  to  describe  tfi 
circumlocution,  which   is  a  particular 
fixi  by  law,  the}'  must  use  the  verba  arii 
terms  of  art,  and  no  other  i  if  your  lor 
plea!«es  it  may  he  read. 

SoL  Gen,   Let  it  be  read  if  you  please  j 
take  it  in  English,  and  ii  is  no  more  than  I 
thej  did  Irailnrously  compass  the  death  oft 
king,  and  for  that  purjwse  they  did  Itaitottiui 
meet,   and  consult  abtjut  the  wa\s  and  mo 
and  did  consent  and  agrt^e  that  forty  men, 

C/.</ Jr.  Reads;  sEt:-'^-- 
'  rendam  et  Det»^stabilem 
^  glise  A&iiassinaiion,   et   .i..v...--« 

*  Citius  exequeiidutn  ct  anno  ac  Divers 

*  Diehus  et  V  icibns  apud  parochiam  pr 
*■  ill  Comitatu  piudicto  proditorie  tractaveruiil 

*  propostierunt  et  ConsuUaverunt  d,e  viis  i 

*  et  mediiB  ac  Tempore  et  Loco  ubl  quaii 


Vr 


for  High 

^  ftidliler  et  <)UOfDndo  Dictum  Doaiinn  na  Repeal 
*  sic  e%  m^ditd  facilius  Interticerpnt." 
SrJ5.  Shower,   There  is  an  end  of  that,  now 

Aft.  Gin.  No,  sir  Burthnloniew,  yon  mis- 
Itkr,  there  \9  no  end  of  h,  that  ia  done  at  the 
tmm  tiiDf^  with  that  wkiich  tbibws. 

Sr  B.  Shauer,  No,  it  is  oot  iJie  same  overt- 
Mi;  but  Irt  bim  ^o  on. 

€L  tf  Ar^    *  Et  Cons^iiscrtint  Apfreaveruiit 
*fi  A^os^ruiit   (jutxi   ijuariraginla    Homines 
"       lTe«.* 

'  B.  Shotrtr.  Weill  vou  DWil  read  no  fur- 
'  for  our  objection.  \Ve  say  there  wants 
t^mir4  *  Proditone:*  for  there  are  tvvo  uvf^ii 
Kts  lh^  oi>e  is,  that  they  Iraiioroiisl y  did  coii- 
iulld^the  ways  and  means  haw  to  kill  the  hioj^, 
iad  that  ovnt^act  we  agree  to  he  vrell  luid : 
fcni  i'  -  they  consented  and  agreed  Ibiit 

lfc«»'  lie  fort)'  raeu,  whereof  thciie  four 

ilmAk  be   four,  bat  do<*8  not  say  they  Iraitor- 
•i^  iigreed ;  a/>e  not  these  distinct  acts  * 

m.  Phipps.  Surely,  my  lord,  they  are  dis- 
^ikta4:tf  ;  for  this  part  of  the  bidictment  upon 
vfaidi  ttir  BariholoEnew  grounds  hh  objection, 
It  tint  overt  <  act  of  whkb  the  iist  in  Mr.  K<*ok- 
mmd^  Case  was  ui^'ed  by  tbo  king's  roiSusel, 
md  agreed  by  tlie  court  to  be  an  evidence. 

Tbeo  the  jury  against  Mr.  Hook  wood  t^ame 
^  %  aud  deb? (tred  in  their  vejdiet,  as  it  is  in  his 
H  ttmi^  then  allerwards  the  court  wetit  on  thu^ : 

^L^i^G^n.     My  lord,  the  objection  is,  that 
^HHHbie*  is  not  inserted  into  that  |ninif  nlar 
^^mt^nt  the  indictment,  which   shews  thdr 
fOti  f  ment  that  there  bhfmhl  he  <brty 

•m,  ihe  four  named  in  the  inditinirnt 

•WvUibefuur  Now  your  lordshlji  observes 
itov  the  indictment  nm<i^  it  is  for  €onipas«ini^ 
io^wairintn^r  the  d^^aih  and  destruction  of  the 
fi  aft*i  »i  >ietB  forth  for  this  parpuse^  thai  to 
compassing  and  imag^inUig',  they 
iraetdverunt  et  consiiUaierunt  ife 
fn  Modis'  bow  theyshoithl  kill  the 

^at  which   immetl lately  follows 
i>,  tji**  ^mrlicular  method  and  means  that 
verc  agreed  ujwn,  that  is,  t!iat  there  sliould 
befbrty  men.     Now  this  is  the  strangest  sojr. 
'911    that    ever   was,    when  we    have   lict 
^  fiiai  fi  iljoniusly  they  did  so  afjree  of  the 
•i,  anf]  then  set  forth  the  parti- 
tbat  here  must  he  *  proditorir* 
ai.     Thia  is  such  a  construction  us 
nt  adoiire  how  it  couhl  come  into 
Wf  UQcV  head.     It  iif  part  of  the  sentence  ;  tor 
ilMotber  part^a<?  we  have  laid  it^  i^  not  com-  ' 
ylBia  before:  it  may  be  it  might  be  sufficient 
;  setting'  forth  the  finrttculnr  waysi  and 
but  when  it  is  set  forth  it  is  part  ot  the 
bt  iuid  refers  to  the  tirst  begin i&ing^. 
-L  C-  J.    Aye,  sure  it  does. 
Ait,  Gen,  'I  caunot  tell  what  they  vi  onld 
Wn^,  unless  ibey  would  have  us  repeat  the 
•wrt  *  proditone^  in  every  line. 
StiL  ijcii.    Or  before  every  verb* 
Ifcr  U.  Shmctr.    So ;  but  I  think  it  oyght  to 
N  npcileil  tt  erery  overt-act. 


A.  D.  1696. 


[■ 


sio 


[  Mr,  Conyfrs,  If  your  lordship  please*:,  after 
I  thai  they  have  set  h^rlh  that  this  was  th^  par- 
ticitlar  method  and  way  ag:reefl  uj>on  at  their 
confvdtfttionf  that  forty  horsemen  or  ihere- 
ahout!i  should  q;o  about  it,  of  wliich  the  per- 
sons indicted  w^r%  to  be  four,  it  goes  on,  *  Et 

*  Quitrbet  eoriim  protliloric  super  se  Suscepit 

*  esse  tmum/  there  it  is-pat  in,  and  it  ajijieari 
to  be  as  particular  as  possible  can  be. 

Mr,  Cofvpcr.  i»u*  Btirtholomew  Shower  says, 
limt  when  we  have  alleg-ed  that  they  did  trai- 
torously treaty  propose,  and  consult  of  the  means 
and  ways  uf  killing*  the  kin^,  there  we  have 
done  the  sentence,  and  ma^le  that  one  overt - 
act.  Now  h(nv  U  the  sfnlence  done?  Tlie 
next  woj'd  is  a  conjunction  copulative,  ^  et  coit> 

*  scoiiferunl,'  See.  And  what  is  the  use  of  a 
conjtinclirin  copulative,  but  to  convey  the  force 
ot^  the  wonls  in  a  fornoer  sentence  to  the  sen- 
tence following-,  and  to  prevent  the  repetition 
of  every  woril  iu  the  suhsetjuent  sentence  that 
wa.s  in  the  precedent?  But  it  is  plain,  they  arc 
both  one  anti  Ihe  same  overt-act,  andth^se'sub- 
5e(|Ufnt  words  are  only  an  explanation^  more 
partictdarly  of  the  overt-act  ^^ct  forth  in  the 
piiet*etlent  wonls. 

H(r  B.  Shower.  In  answer  to  thaNtbat  has 
been  said,  if  they  shew  me  any  precedeni, 
where  aniudiclment  has  lieen  for  rdgh-ireason, 
settingf  Ibrth  several  overt -atts,  and  nut  the- 
word  *  proditone*  bet  to  every  ovt»rt-act,  then 
they  answer  my  ohj*5Ltioij.  11  lb c  word  •  Quod* 
bad  come  in,  that  would  have  made  Iheni  dis- 
tinct to  he  sure  ;  and  I  think  ihcy  are  as  dis- 
tinct aci5  now  *  suppoi^e  they  had  concluded  at 
the  end  of  tht!  word  *  Interficereut/  that  bad 
been  a  good  overt- ntt ;  1  am  sure  they  will 
arfri^e  to  that :  and  if  it  he  so,  then  the  oibcv  ]« 
a  good  oveit-act  too,  For  it  is  n  distinct  thin^ 
friim  that  which  was  a  pert ect sentence  before; 
and  it  either  rei^nires  a  *  likewise,'  or  the  word 

*  proditorie*  most  be  repeated.  They  have  not 
so  much  as  sai«)   *  similiter  Consenserunt/  or 

*  simili  modo  ;*  there  is  an  *  et^  inileed,  but  that 
does  not  ^o  cou[de  the  sentences  together,  as 
not  to  make  them  distinct  acts.  There  arc  se- 
veral '  els*  ibrough  the  vUjole  indi"iment,  hut 
that  does  not,  as  iMr.  Ci*wper  would  have  it, 
couple  all  tojifeiher  to  make  one  overt -act. 

Mr.  Phipps.  My  lord,  if  what  Mr.  Cowpcr 
say «  be  allowed,  (viz.)  that  the  *  et' makes  it 
one  intire  seott'Tice,  tbrn  there  is  no  ovtrl-act 
at  ail ;  for  after  the  treason  alle<;ed,  the  clauses 
are  coupled  to  one  another  by  an  'et,^  und  con- 
sr(|ue4itlv,  by  Mr.  Cuwper^H  way  ol"  orijuing, 
the  ivbole  inilictmcnt  is  but  one  entire  senteiice* 

L.  C  J.  f  do  not  utiderstaod  your  meuning' 
as  to  that;  they  tell  you  *  proditorie*  is  ai- 
leg'ed  to  the  consulting^,  conirivini;  and  ag^ree- 
iiig',  tlien  they  tell  }  on  what  was  the  subject 
matter  of  that  contrivance  and  agrt'ement,  to 
assassinate  the  king*,  at}d  in  order  to  tint  they 
agreed  there  shotdd  be  lorty  men ;  is  not  that 
ffood  enough,  without  *  Proditone*  to  every 
line  ? 

Sir  B.  Shoner,  No,  it  is  tiot  said  in  *  Ordine 
^  ad/  there  is  no  such  iUit^  v  ^^  ^^^"^^  ^^1  ^^ 


231] 


8  WILLIAM  IIL 


Ttial  (ifCharUt  Cranbume, 


[SSt 


\ 


cunBitlt  of  tiie  way*  aod  means,  and  did  agree 
tliat'40  hursemen  titioutd  do  it,  and  ailerwai-dii 
did  8ij:iee  in  provide  horses  and  in^truraenU  of 
^nii'«    Now  ihat  being-  with  a  *  QuodqueV  tlicy 

Kmnktflanew  overt-act;  but  1  caooot  un- 
Und  Hliy   ^  Uuodque'  is  not  as  much  a 

•  C(»j>uUuvt*  as  '  Et,*  and  the  one  should  not 
XiA'v^  Ihe  same  f  flfect  as  the  other. 

L.  C.  /.  Fir*it,  it  letls  you  there  was  a  cou- 
cuU  and  a(r^ri'(>uneat  to  assassinate  the  king;,  and 
for  the  acoompUshnient  of  Uie  said  assassiua- 
lioij ;  at ter wards  *  cisdetn  diect  Anno  Proditorie 
*'  Tractavcruat  et  ConsuJiavenint  de  viis  et  wo* 

•  dii»/  huw  iliey  shoo  hi  kill  the  king. 

Hit'  B,  Shtitfcr,  Thut  is  one  overt- act,  say 
ive,  and  thei  e  yon  should  hio\u 

L.  C  J.  *  tt  Consenserunt  et  Agpreaveruni 
'  qnod  quadra«^int:i  Homines,*  Ike,  it  is  att  at 
lbi»  snme  tirne^  and  must  be  intended  the  same 
consult  and  ronirivance^  that  lliey  consulted 
of  the  ^'£iys  and  nteansi  and  then  agroed  so 
many  men  shouhl  be  provided* 

BIr.  J^hippi,  No,  u»y  lurd,  we  say  that  is 
a&oiber  overt  act. 

L.  C.  J.  Trehy*  It  seems  to  me  to  be  a  spe- 
cifying and  [lariicniarisini;  the  ways  and  means, 
that  I  hey  Itud  consulted  of,  and  concluded  on. 

fcsir  B.  Shorter.  If  it  had  been  a  sjiecifyin:;, 
it  bad  Wen  much  better  to  put  in  either* then 
and  thei^>,  or  tliat  this  was  the  result  of  the 
consultation. 

L.  C  J.  Tr€hy.  It  docs  seern  to  me  so,  that 
U  was  the  nfsult  of  the  consultation,  and  tl  is 
\Yv\i  enough. 

L,  V,  J,  You  had  better  have  saved  these 
kind  of  extt»ptions  till  the  trial  was  over. 

Sir  ii.  Shower,  But,  my  lord,  if  there  W 
vcie  oveit-act  ill  laid^  1  sulnnitit  whether  they 
cflit  ifive  any  evidence  of  that  overt-act. 

L.  C.  J.  rrd>y.  No  doubt  of  Ihat,  they  can- 
not ;  but  we  think  it  is  as  well  laid  as  it  could 
bt!  laid. 

L.  C.  /.  Truly  I  am  not  well  satis^fied,  thot 
it  is  necessary  after  you  ha*e  laid  the  *  P;o- 

•  ditorip,'  as  to  the  jiarticu'ar  treason^  to  Jny  it 
iigain  to  the  overt*act.  For  (he  ovt-rl-aci  is 
but  evidence  of  the  treason  :  the  treason  its^elf 
lies  in  Ibo  compastiing',  which  is  an  act  of  the 

tiuind, 

L.  C  J.  Trihjf.  You  cannot  indict  a  man  of 
treason  for  aN«iiasi»ioating  or  killin^f  \he  kin^, 
but  you  nmst  in  every  such  case  frame  tlte  iii- 
diclmenl  upon  the  ait^cle  fur  cotnpa^^iuu^  unti 
iinaifinTnt^  the  de:nb  of  the  kinj^  ;  wliich  mu^i 
{\e  laul  tH  he  dnne  tniiiurously.  Tlien^  when 
afterMardii  you  say  the  penittn  aceuHtd  diil 
wound  him,  or  iinpri^iau  him,  or  consult  and 
a^rre  to  as>>uSKiuate  hiiu^  or  did  aetiially  assns- 
sinaie  biiUj  ihipse  are  hut  so  mitny  oven- acts  *»f 
c<nmw*sinutlif-  di'alh  ;  and  you  hav.ut;  fir^i  said 
that  Ur  did  ""  Prodiiorie'  cuuipa^s  ttnd  tmujj^iue 
the  kiuji's  death,  you  have  ihi'rehy  sheivn  that 
you  char|(p  him  hiiIi  a  yi eater  otS-ot-e  ihan  le- 
Jooy  (whici^  my  Jurd  Coke  says  is  the  use  td' the 
wiird  '  Pio<*it<»r*ef)  and  that  heujy^  thus  iUmv, 
I  do  nul  a^ip  eheud  it  to  be  nece&'sa.)  that  ton 
should  add  '  Prodttonta'  to  all  this  rest  4>f  the 


following  particulars;  for  they  are  only  ex- 
teroal  discovt  rit^s  of  the  inwurd  ireasuu  ;  and 
more  properly  deemed  to  be  evidence  of  lhe< 
treason,  than  to  he  the  treason  iiself, 

Z.  C.  X  Tiie  treason  ti  ooosuminate  in  th# 
intention  ;  besides  the  words  ol  th«  staial 
make  that  the  treason,  not  the  overt^act,  thai 
is  but  evidence,  and  su  it  uas  lield,  (not  u|iua' 
this  exception,  hut  ui^ui  the  reason  that  my 
lord  speaks  ot)  in  the  Cuse  of  the  Regicides  of 
king  Charles  the  First,  That  the  indict 
should  not  he  ft>r  killing  the  kin^,  but  lor  com 
passing  and  imagining  his  death,  and  the  kilt 
mg  was  alleged  as  an  overt^acL 

iSir  B,  Shtmer,  It  tnust  be  so  if  it  were  fnr 
levying  of  war, 

L^  C.  J.  Most  true;  for  levying  the  war  ii 
the  treason  ;  hut  in  this  case  we  think  tt  isnl 
exception. 

Ail,  Gen,    Then  let  us  have  the  Gfih. 

Sir  iJ.  ShofL^r.    Then,  my  lord,  here  m 
ther  thing.     It  is  a  question  wheiher  thert 
any  overt^act  prcsenteil  by  the  jury  at  alh 
indictment  says,  ^Jurauurspro  Uoinioo 

*  praeseniaut,*'  that  I  hey  as  false  trail 
ciimpftss  the  deatli  of  the  ktoii  aud  the  sk 
of  his  subjects,  and  they  did  meet,  and 
and  agree  how  to  do 'it,  *  Ht  iidem  Cii 

*  phor us  Kntghtley'  and  the  rest,  to  fnltit  liiflf 
said  traitorous  inlenltons  and  imaginations diiJi 
aflrr^i ard'^,  the  lOlh  of  February,  buy 
ami  horses.  Now  our  objection  is,  Tl 
does  not  appear,  that  any  one  of  th 
acts  are  the  presentment  of  the  jury  ;  h» 
niissiim  they  oug'ht  to  have  bi^f^uo  it 
eiiher  with  a  *  Uutwlque,'  or  somethi 
should  ba^e  rt^ferreil  it  to  the  first,  *  Jui 

*  praasentun!,*  or  else  ihey  must  have 
quite  again,  with  a  *JurHlore»  Uheri»is  pr»; 
»  sentant,*  and  not  have  coupkni  iheit*  as  thii-^ 
is  with  an  *  Et.*  The  mO!»t  lorins  begin  wttll 
an  *  ullertu!ii  prtesenitirt,'  but  here  we  find  00 
overt-act  is  so  introduced.  They  might  pre*, 
sent  part,  mud  not  pre^^ent  the  other  |mrt,  f 
any  thing  that  does  appear.  Every  i' 
ought  to  be  laid  positively,  11s  the  jury 'a  «hetii«h 
it  may  I)e  only  the  cleikS  saying,  and 
jury's,  lor  any  thing  that  does  appear. 
liirdslH|»  remetnberti  the  case  *>i  tlie  ki 
Troljrid!;t\  upon  a  Writ  of  Error  t#  reverse 
liulgmeut  lor  L't eiting  and  continuing  a  civti 
agftiuNLihe  hn  m  of  the  ststuie;  now  *  Coi>tii 

*  IriiiiiHni  SiatuiL^  uas  in  the  beginning  ol 
indicuiient,  bnt  not  in  the  couclusion  ;  to  thi 
erct'iing  but  not  the  t'ontmiiing.  And  ibotii|^ 
there  uas  there  '  Juraiorrs  idterius  dicunt/ 
Wds  not  *  iiUpf  r  Sut^ninieotum  sunm/  and  tli 
did  not  aaVt  he  did  continue  it  against  the 
tute  ;  and  there  being  no  hirmul  presenin 
ilial  he  maintaiued  tliL*  cottage  noLwhhstamtii 
the  act,  ^  Et'  did  lAUt  so  cou^ile  it  to  ibr 
l^art,  us  til  mnke  it  a  gooti  presentmvnt.  8^ 
we  Scjy  in  iUlh  case,  thi» is  a  tault,  aul  ilitlWeoli 
I  torn  nil  the  common  forms;  thiMe  ougut  •• 
be  a  diref  t  presentment  of  each  ovfitact, 
not  toupJMl  by  an  *  EC  For  *  Lt'  wdl  not  d^ 
It;  tor  It  is  a  distiact  overt* act  cf ery 


£3SJ 


for  High  Treason. 


sbAald  bare  bera  '  El  quod  Consul tavenint, 
•qiKKkfue  Ai;rem«eruut.'  that  a  certain  nil iiiber 
fbiHiId  do  so  and  iio ;  and  to  be  sure,  it  should 
bite  been  «o  at  the  last-overt  act,  which  is 
mIv  *  El  lidem  Christopborus  Kni^^htle)','  ^cc. 
did* buy  arms  and  horses.  Nutv  this  last  '  Et/ 
btug  a  hMMie  voojunctioii  copuative,  in  com- 
■oa  sense  oug'ht  to  refer  to  that  which  they 
bal  a^TPeil  upon,  tor  that  is  last  inentioneil 
ibere.  and  tbe  iiilural  sense  leads  thither,  and' 
Mktttbe  lieginningof  the  bill '  Juratores  pre- 
*iattiiquod.' 

Ik.tkippM,  I  shall  not  trouble  your  lord - 
^  farther ;  they  ought  to  hare  put  in  a 
•fMqae,*  or  an  •  Ulterius  piasentant.' 

Alt,  Gen.  Where  would  you  have  tbe 
'  Qasdaue,'  or  the  •  Ulterius  pnesentant  ?' 

Nr.  rhipp8»  Either  to  every  overt- act,  or 
tf  Inst  to  that  last. 

Ait,  Cen,  The  indictment  sets  forth,  that 
Ibr;  committed  such  and  such  a  treason :  their 
^^jnsB  is,  tbat  *  quodque'  is  not  put  into  every 
Sfiati;  and  our  answer  is,  that  the  first 

'fMrf*  fovems  all  that  relates  to  tbat  treason. 
kaof  be,  if  there  were  too  distinct  treasons  in 
AtUctnieDt,  when  von  come  to  set  forth  tbe 
-nand  trg—oPy  you  should  say  *  Juratores  ul- 
'Ins  pnesentant'  the  second  treason ;  but  the 
•Nil-Mts  to  proTe  the  same  treason,  are  all 
pvlisl'that  treason,  and  make  bat  one  species 
tf fenaan,  which  is  the  imagfiniog  tbe  death  of 
fclai^.    There  is  the  treason  ;  and  to  bring 
illi  fasi»  they  did  so  and  so :  this,  roy  lord, 
■■Hhe  part  of  the  finding  of  the  jury  as  well 
m  the  treaaon  itself,  of  whit;h  these  are  the 
yi  ilia.     Bot  then  if  yon  will  lay  the  levy- 
■C^w  in  tlie  same  imlictownt,  then  it  may 
li^  aost  say  *  Juratores  ulterius  prasen- 
*M  amd,'  &c.    But  it  bad  been  a  strange 
iiaM^  to  aay,  '  Juratores  ulterius  praesen- 
'^'sQch  and  such  overt-acts:  for  the  overt- 
Mis  aat  a  further  indictment,  but  only  a  set- 
laigftsth  tbat  which  is  evidence,  upon  which 
IhM  fcnod  the  indictment  for  treason. 

ML  Gen.  "What  the  indictment  says,  is  as 
4rci  affimuOioD  as  can  be  all  along  of  the 
pascataaent  of  tbe  jury,  that  tbe  orisonerand 
tfbers  did  compass  and  imagine  tne  death  of 
lbs  king ;  and  to  bring  it  about,  they  did  con- 
aritlngelher,  and  did  agree  to  make  use  of  such 
■d  auch  means,  and  were  to  have  a  party  of 
40  BeOv  and  they  bought  arms  and  horses. 
Kow  it  does  not  repeat '  quodque,'  or  '  ulterius 
'  pwsentant  quod,'  to  everv  one  of  those  sen- 
Ince*,  that  tbey  did  so  and  so,  and  tbat  tlicy 
Ai  so  and  so.  Now  I  would  fain  know  tlie 
tferrace  between  saying,  and  they  did  such  a 
Aiag,  and  saying,  and  that  they  did  such  a 
ttiof.  Tbat  is  all  the  difference  that  tbey 
thiBk  to  ovcrtanf  this  indictment  for.  The 
imiiting  of  a  '  Juratores  ulterius  pnesentant,' 
aartainly  is  notliing ;  for  tbe  first  presentment 
laas  through  the  whole  indictment,  and  there 
4ta  not  n«d  an  *  Ullerins.' 

Sir  B.  SkoKtr.  Certainly  there  ahould  have 
ban  a  '  dnodqueP  at  kaat. 

L.C.J.  No,  UHlaadi  I  thud^ it ii better aa 


A.  D.  169&  [834 

it  IS,  than  a^  you  would  have  it ;  because  the 

first  *  Qu(»d'  goes  tliro:i{{-h  tiie  whole.  That  in 

onler  thereunto  he  di'i  «<o  and  so ;  would  yon 

.  have  it  said  *  et  qno'l'  in  order  thereunto  he  <hd 

so  and  so ;  bii  though  that  may  be  good  sense, 

'  1  think  it  is  not  so  jGfood  as  the  other.    This  in- 

'  dictinent  is  lur  one  surt  of  treason,  and  ibat  is, 

i  for  conipaiwin^  the  death  of  the  kinif :  and  it 

,'  is,    1  think,    more  proper  to  have  but  one 

*  Uuod,'  than  to  have  murt' ;  for  it  makes  the 
whole  indictment  more  entire.  As  to  the  *  Ju- 
'  ratores  ulterius  preesentant,'  tbat  is  never 
proptr,  where  the  species  of  treason  is  the 
same:  fur,  indeed,  if  there  bad  lieen  two  dis« 
tiuct  treasons,  the  one  for  compassing  tbe  death 
of  tbe  king,  and  the  other  for  levying  of  war, 
in  that  ca^e  you  must  hx'iufr  it  in  by  *  ulterius 
*'  pnesentani :'  because  they  are  two  several 
offences,  though  comprised  in  one  bill,  and 
tlu'y  are  in  law  as  two  indictments.  And  so  it 
is  in  the  case  that  you  mentioned  of  cottages : 
it  is  one  offence  to  erect  a  cottage,  and  another 
ofFence  to  continue  a  cotta^^e,  and  tbey  are  to 
have  several  punishments ;  and  because  they 
there  jumbled  them  both  together  in  one  in- 
dictment, that  indictment  was  held  to  be 
nought :  for,  by  law,  the  indictment  for  erect- 
ing a  cottage,  ought  to  conclude  *  contra  for- 

*  mam  Statuti ;  and  then  the  jury  must  begin 
again,  *  et  ulterius  prseseotant  quod'  tbe  cottage 
was  continued  against  the  form  of  tbe  statute : 
because  they  are  several  offences.  But  here 
the  bigb-treason  is  but  one  and  tbe  same  of- 
fence, and  the  other  things  are  but  overt-acta 
to  manifest  this  tre&i»on,  the  compassing  tbe 
death  of  the  king;  and  truly,  1  think,  it  is  bet- 
ter as  it  is. 

Mr,  I^hipps,  I  have  seen  several  precedents 
of  indictments,  where  the  several  overt- acts 
were  to  the  same  bigh-treasou,  but  still  they 
had  each  an  *  ulterius  prseseutant.' 

Alt,  Gen,  I  believe  it  is  hard  to  find  many 
indictments  in  tbe  same  words:  I  am  sure  all 
are  not. 

X.  C.  Baron,  (sir  Edward  Ward).  Is  it  not 
as  great  an  affirmation  to  say,  and  they  did 
such  a  thing,  as  to  say,  and  tbat  tbey  did  such 
a  thing? 

L.  C.  J.  I  cannot  reconcile  it  to  my  reaaon, 
but  it  should  be  as  good  sense  without  *  that'  aa 
with  it. 

L.  C.  J.  Trebtf,  In  a  long  deed  it  begins, 
*This  indenture  witnesseth  tbat*  tbe  party 
granted  so  and  so,  and  the  party  covenants 
3ius  and  thus ;  and  so  it  goes  on  commonly, 
without  renewing  the  wonl  *  that'  to  tbe  sub- 
sequent clauses:  but  yet  the  first  expression 
(This  indenture  witnesseth  tliat^  governs  the 
whole  deed,  though  it  be  many  skins  ol'  parch- 
ment. 

L,  C.  J.  If  yon  begin  with  an  indentore,  yoo 
begin,  That  it  witnesseth  so  and  so;  without 
renewing,  unless  it  be  a  very  distinct  thing. 

Sir  B.  Shower.  My  loni,  we  think  that  simi- 
litude makes  for  us.  A.  B.  covenants  so  and 
so  in  a  oonfeyance,  and  then  further,  that  so 
and  80. 


I 


S  WILLI  A  \r  IIL 

'  L.  C  J.  But  there  you  fe«tritin  thai  in  ihe 
beginning'  of  tlie  covcuatjt  to  every  particular 
in  that  covenant. 

An,  Gen,  Will  your  lordship  please  to  cull 
ihciury  now? 

L.  C.  X  Have  you  a  mind  to  go  on  with  the 
trials  or  la  go  in  ilmner? 

Att,  Gen,  I  MitJfe  your  lordship  can  try 
but  oQe  more  to  uiy^lu^  km\  that  may  he  us  welt 
after  iliuuer  ns  before. 

L.  C.  J.  Well,  ilieot  adjourn  till  five  o'clock, 
and  in  tlie  mean  time,  you  keeper,  knock  off 
»U*r  prisoner's  fetters. 

Keeper,    They  shall,  my  lord* 

Then  the  Court  adjourned  till  five  o^clock  in 
the  atlernoon,  tt  betug  thea  about  three. 

Post  Meridiem,  the  2lst  of  April,  1696.  The 
Court  returned,  and  was  resumed  about 
SIX  in  Ihe  Eveuing* 

Ci  ofAr,  Keeper  of  N'ewi^nle,  hrin^  Charles 
Cranbiirnc  to  Iho  har,  (Whicli  was  done). 
Charles  Cranhttrue^  hold  up  thy  hand.  (Wliirh 
he  did).  Those  good  men  that  you  ah  all  hear 
called  and  persoually  appear,  are  to  pass  he- 
iween  our  ioveiet^n  luv*!  llie  kin^  and  you, 
upon  trial  of  your  hie  ajid  death  ;  and  there- 
lore  If  yon  will  chalU^jig^e  theni  or  any  oi'  theui> 
your  Utoe  is  to  %^isk  imt^i  them  as ihey  come 
10  Uit'  book  to  be  fiworu,  and  before  they  he 
sworn. 

Cranbmn>f,  IWy  lord,  I  hunitly  desire  I  m^y 
have  pen,  \i)k%  %nd  paper. 

CquH.    A)r»  five.     (Hehadlhem) 

€L  ff  Jr,    \\  here  i*  George  Ford  ? 

Cf*Siei\    Vous  avez. 
Vrntth,    1  challenge  hlrn. 
%ofAf\    William  Underhil. 
Cranh.    I  challenge  him, 
ffCl.ofAr.     Wilhaiu  Withers, 

[Jrfl«6.    I  challengii  him. 
Ir.  Phipps,    If  your  lordship  pleasesi,  those 
that  were  of  the  last  jury  I  hop*?  shall  noi  be 
called  of  this  jury ;  tjiis  prisoner  heia^  tried 
upon  the  same  indictment  the  lust  was. 

X,  C.  J.  If  thty  be  not,  it  shall  he  in  ease  to 
them,  but  U  Is  not  ui  favmu'  of  you. 

Mr.  F  hip  pi.  We  humbly  conceive,  having 
given  their  verdict  upon  the  same  indictment, 
they  are  not  such  indiftercn  t  persons  as  the  law 
intends  til e}^  filioiiUl  he,  mid  thiuk  it  is  good 
rcajon  they  should  not  serve  upan  this  jury. 

L,  C*JJ^  What  ihnugh  it  be  upon  ihc  same 
indictment  ?  The  evidence  is  not  the  same ;  for 
tbey  are  distinct  olfenc^^s. 

Mr.  Phippi.  I  do  nut  know  ulielhcr  it  he  a 
good  cause  of  challenge,  but  submit  it  to  your 
lordship. 

L,  C.  J,  Well,  you  may  doubt  of  it  if  you 
please,  and  try  tbeWceptiuu.* 

*  8ee  the  seventh  Resolution  lo  the  Case  of 
Ihe  Regicides,  ante;  and  Peter  Cook's  Case 
tn  die  same  year,  infra]  and  L#cach's  Haw* 
king's  Pleas  of  the  Crown,  hook  2,  chap*  43, 
seel.  29.  i 


T. 


Trial  qfChnri^s  CrSHhuitet 

CL  of  Ar.  Thomjiit  Tr'^nch. 

Cronb,    l  challenj^e  him. 

CLo/ylr.    John  Wolfe. 

CrttnL    i  challuni^e  him. 

CL  of  Ar,   James  Bodiugtoti* 

Crank    I  chaUenge  him. 

CI.  nf  Ai\   Jonathan  AadrewR.    {lle4lidtiQi 
appear.)     Jnhii  Rnymond. 

Crunk    I  chaHenge  him. 

C/.  of  Ar.    GefTTf^e  Hawes. 
'  Cranlt,    1  challenge  hiui. 

C/.  of  Ar,    Francis  Barry, 

Crunb,    1  challenge  him. 

CinfAr.    Arthur  Bailey, 

Crank    1  challenge  him ;  he  was  upon  ill 
last  jury. 

L.  C.  X  Tliat  is  no  reason  i  will  you  ch 
lenge  him  peremploiily  ? 

Cranh.    1  do  challenge  htm. 

CL  ofAr,   John  Caine, 

Crank    1  do  not  except  againU  hini* 

CL  of  Ar.    Hold  Mr.  Caine  the  hf>ok,  cary 

Crycr.    liOok  upon  the  prisoner.  Sir, 
shall  well  and  truly  try,  and  true  delir 
make  between  our  so?crcign  lord  the  king  i 
ihe  prisoner  at  the  bar,  whom  you  shall  hi 
iu  cliarg^c,  arid  a  tnii*  verdict  give,  accordingi 
your  evidence,  so  help  you  God. 

CLnfAr    Thomas  Glover. 

Crank    \  challenge  him. 

CL  of  A  r.  Doru I  er  Sheppard .  (  H  v  1 1  id  I 
ap(ie4ir.)  Ceoige  Tredway.  (He  did  noi  i 
peur.)  Matthew  Uateman.  (|{e  did  not  i 
|»ear.)    Timothy  Thornbury. 

Cranb.    J  challenge  him. 

(7.  iffAr,   Jarn^s  Part  he  rich- 

Crnnb,    I  challenge  him. 

CL  'ifAf^  Thtunas  Freeman,  (He  did  i 
appear.)     Ro licit  Biedou. 

Cnmb,  t  do  not  except  against  him.  (E 
WAS  sworn,) 

a.  ofAr.    Joseph  Blisset 

Crank    I  chalk'oge  him. 

CL  ofAr.     TimoUiy  Laimo,     (He  did 
appear  )    John  Harris.     (He  did  not  appeari 
John  Bil tiers. 

Crank  I  have  nothing  to  say  against  hill 
[He  was  sworn.] 

CL  nfAr*    Richard  Bourn. 

Cranb,  1  do  not  except  against  him,  [H 
was  sworn.] 

CL  ofAr.  George  Carti>r.  (He  did  not  ap 
pear.)     Franris  (.hap man. 

Crttnb.    1  challenge  him. 

CL  of  Ar,    AlexanikT  Forth. 

Cranb.    1  challenge  hi  in. 

CL  lifAr.    JNiicholas  lioherts. 

Cmtih.  I  have  nothing  to  say  agaiost  bifl 
[He  was  sworn.] 

CLof  Ar.    Ti  1 0  mas  PI  ay  stead . 

Crank    I  challenge  him. 
'  CL  o/At\    Wjlham  Atlee. 

CranA.    I  chiillenge  him. 

Cf,ofAr,  Johu  3larsh.  (He*  did  not  ap| 
pear.)    Anjre^v  C«j«ik. 

Cnmb.  I  do  not  except  against  him.  [I 
was  sworn,] 


k 


fol^  High  Treason. 

\r.   John  lUU. 

I  challenge  him. 
(r.    William  Partridge. 

I  challeoee  him. 
Ir.    Peter  Lerigne. 

I  cliailenge  him. 
\r.   Thomas  Moody. 

I  challenge  him. 
!r.    Richard  Belinge. 

I  challenge  him. 
Ir.    Thomnai^vaiLs. 

J  do  not  except  against  liin.    [He 

"•] 

(r.    Thomas  Ramage. 

I  have  nothing  to  say  agaiust  him. 
iwom.l 
[r.    Edward  Townseod. . 

I  challenge  him. 
Ir.   WilKam  Guoson. 

I  cliallenge  him. 
[r.    Philip  Wightman. 
i  say  nothing  against  him.  [He  was 

Ir.  John  Wyboamc. 
S&over.   I  hope  3'ou  take  an  account 
UengeSy  Mr.  Hardistey. 
.  Nay,  you  should  take  care  of  the 
I,  who  are  his  coousel :  if  he  had  no 
ra  would  take  care  of  him.* 
Here  is  Mr.  Wyboume,  what  say 

I  have  nothing  to  say.    [He  was 

Skowcr,    I  hope  your  lordship   will 

'coousel  for  him. 

'.  We  are  to  be  equal  and  indifferent 

the  king  and  the  prisoner:  but  you 

mr  his  counsel  by  |aw,  ought  to  take 

iW  lose  no  advantage. 

Jr,   William  Strode. 

I  bav^  nothing  to  say  against  hidi. 
iwom.] 

Ir.  Dauiel  Bv6e]d.  (He  did  not  ap- 
Icfwunin  Noble.  (He  did  not  appear.) 
labile. 

I  do  not  except  against  him.    [He 
■•1 
ar.  Cryer,  countez.    John  Caine. 

Ar.  Thomas  White. 

Twelve  good  men  and  true,  stand 
I  lod  bear  your  evidence, 
lanies  of  the  twelve  sworn  were  these : 
iiae,   Robert  Bredon,   John  Biltiers, 
Beam,  Nich.  Roberts,  Andiew  Cook, 

Evans,  Thomas  Ramage,  Philip 
an,  John  Wyboume,  William  Strode, 
■tt  White. 

dr.  Cr^er,  make  proclamation. 
•  Oyez.  If  any  one  can  inform  my 
tkiog'itjagtioesdf  Oyer  and  Terminer, 
'•Sdjeaot,  or  the  king's  attorney>ge- 
^  this  inquest  be  taken,  of  the  high- 
Hfereof  ibe  priooner  at  tlie  bar  stands. 

tKsictoIha  Cise  ofDonPantaleon 


A.D.  1696. 


[23» 


indicted,  let  them  come  forth  and  they  shall  be 
heacd ;  tor  now  the  prisoner  stands  at  the  bar 
upon  his  deliverance :  and  all  others  that  are 
bound  by  recognizance  to  give  evidence  agajnjit 
the  prisoner  at  the  bar,  let  them  come  forth, 
and  give  their  evidence,  or  else  they  forfuit 
their  recognizance. 

L.  C.  J.  Mr.  Attorney,  do  you  think  we 
shall  be  able  to  try  the  other  to  night  f 

Att,  Gen,  That  is  according  as  this  holds, 
my  lord. 

L.  C.  J.  T  speak  it  for  the  ease  of  the  jury, 
that  they  might  be  dispatched,  and  not  attend 
another  day. 

Alt,  Gen.  I  doubt  we  cannot  try  any  mora 
than  this  to  night. 

L.  C.  J'  Well,  it  is  no  great  matter,  it  will 
be  but  a  morning^s  work  ;  it  may  foe  too  ffreat 
a  stress  and  a  hurr)[  to  do  any  more  to  night ; 
and  therefore  we  will  discharge  the  jury  for  to 
night,  those  of  them  that  are  not  sworn;  but 
we  will  be  here  to-morrow  morning  by  seven 
o'clock ;  and  therefore,  pray,  gentlemen,  attend 
earlv. 

CL  of  Ar,  Charles  Cranbume,  hold  np.tliy 
hand,  (which  he  did).  You  that  are  sworn, 
lM)k  upon  the  prisoner,  and  hearken  to  his 
cause.  He  stands  ilidicted  by  the  name  of 
Charies  Cranburne,  late  of  the  parish  of  St. 
Paul  Covent-garden,  in  the  county  of  Middle* 
sex,  veoman ;  for  that  he,  with  Christopher 
Knightley ,  late  of  the  same  parish  and  county, 
genUeman,  and  Robert  Lowick,  late  of  the  same 
parish  and  county,  gentleman,  and  Ambrose 
Rookwood,  late  of  the  same  |)arish  and  county, 
gentleman,  the  fear  of  God  in  their  hearts  not 
having,  nor  weighing  the  duty  of  their  alle* 
fiance,  but  being  moved  and  seduced  by  the 
instigatrau  of  the  devil,  against  the  moat  se- 
rene, most  illustrious,  most  clement,  and  most 
excellent  prince,  our  sovereign  lord,  William 
tlie  Third,  by  the  grace  of  God,  of  England, 
Scotland,  Fjrance  and  Ireland,  king,  d^ender 
of  the  faith,  &c.  their  supreme,  true,  rightful, 
lawful,  and  undoubted  lord,  the  cordial  love, 
and  the  true  and  due  obedience,  fidelity  and 
allegiance  which  every  faithful  sul^ect  of  our 
said  lord  the  king  that  now  is,  towahls  liim 
our  said  lord  the  king  should  liear,  and  of  right 
ought  to  bear,  withdrawing,  and  wholly  to  ex- 
tinguish, intending  and  contriving,  and  with 
all  their  strength,  purposing,  desiguinc^  and 
conspiring  the  government  of  this  kin^oom  of 
England,  under  him  our  said  lord  the  king  that 
now  is  of  right,  duly,  happily,  and  very  well 
established,  altogether  to  subvert,  change  and 
alter ;  as  also  our  said  lord  the  king  to  death 
and  final  destruction  to  put  and  bring,  and  his 
faithful  subjects,  and  the  freemen  of  this  king- 
dom of  England  into  intolerable  and  most  mi- 
serable slavery  to  Lewis  the  French  king  to 
subjugate  and  enthral,  the  10th  day  of  Fe- 
bruary in  the  7th  year  of  the  reign  ot  otur  said 
lord  the  king  that  now  is,  and  divers  other 
days  and  times,  as  well  before  as  after,  at  the 
parish  of  St.  Paul  Covent-garden  aforesaid,  in 
the  county  aforesaid,  falselyi  maliciously,  de*v 


tSS]  8  WILLIAM  IIL 

X.  C.  J.  But  Ihere  you  reKtmiD  that  in  the 
heglnniiig'  i^f  ibe  covenaut  to  every  pmticuUr 
in  that  covenatit. 

Alt.  0 en.  Will  your  lordship  please  to  cult 
iJiejury  now  ? 

L.  C.  J.  Have  you  a  mind  to  gpo  on  with  the 
trial,  or  to  go  to  ilinuer  ? 

Att.  Gen,  I  belief  e  your  lordship  can  try 
but  one  more  to  night,  and  that  n\iiy  be  us  well 
After  dinner  as  be  fore. 

L.  C.  J,  Well,  then,  adjourn  till  fire o*ctock, 
and  in  the  mean  iiine,  you  keeper,  knock  oCT 
the  prisaner^s  fetti»rs. 

Ktcptr,    They  shall,  my  lord* 

Then  the  Court  adjourned  till  five  oVIock  in 
the  ifclVemoon,  it  bein^  then  about  three. 

Post  Meridiem.  Ibe  SUt  of  April,  1690.  Ttic 
Court  returneiJ,  and  was  resumed  about 
six  in  the  Eveuiun^* 

Cf.  ^f  Ar,  Keeper  ol  Ncwj^ale^brin^  Charlen 
Cratihurne  to  thi;  liar,  (>Vhich  \\i\K  ilunc). 
iJ  bar  lea  Crnnhurur,  hold  up  thy  hand-  (Which 
lie  did).  Those  good  mm  that  you  h\\\\\\  hear 
calletl  and  jiersouully  appear,  are  to  pas^  be- 
liveen  our  soveieit^n  hird  the  king  arid  yoUi 
upon  tritil  of  your  life  and  death ;  and  there^ 
lore  if  you  will  ihallt^ng^e  ihem  or  any  of  them, 
your  time  is  to  spe^k  unto  them  as  tliey  come 
to  the  book  to  lie  SMroni,  and  before  they  be 
sworn.  /, 

Crunlmrut,  My  lord,  I  humbly  desire  I  iii§Yi  i 
have  pen,  ink,  and  paper.  '  , 

Court,    Ayr.  n  ye,     (He  had  them) 

C/.  (fAr.    Where  is  George  Ford  ? 

Crr/er.    Vous  avez. 

Crnnh.    I  ebatleoge  him. 

Ct,  o/Ar.    William  Underhil. 
'    Crnnh.    I  choJIen^^c  him* 

CL  (yf  At\     Wiihum  Wilhent.  ^ '' 

Cranb,    1  challenge*  him. 

Mr.  Phipps.    If  your  lurdship  r 
(hat  were  of  the  la&t  jtiry  t  Is- 
i-alied  of  tins  jury  :  »!ti^  pri- 
wpon  the  same  '"' 

'x.c.j.  11  ;';; 

them,  built  k  ut^t  ii*  U\' 
Mr.  P  hip  pi.    We  hun»i 


Trmt  qftfi 

a.  qfA 

Ctvnk 

CL^fA 

Cranh, 

Crtmb* 
CL  ifji 

ftp|M!iir«) 
Cranb. 
CL  ^A 
'  Cranb, 
CL  of  A 
Cranb, 
CLqfA 
Crank 

last  jiirv. 
L   CJ 


pivcn  t^if  i( 
ijiey  are  ii 
intends  thtj  [ 
reflion  they  ah  < 


Not  liui 
upon  G( 
are  ;  yn 

i^'tiiltv  0 


%  of  the 

\mn\  the 

J,  «nd  murder. 


lordship, 

LC.J.   W 
please,  luul  If 
f 

•  H^  thf 
the  Re(;i' 
in  the  m 
klna'j/ 


(ir,     a^(ain«»t 
lAxI  tiid  caiivci  with     aod  cad 


eo^tte  the  nation  to  Ij^wIh  the  Frenoh 

f:  tnil  lb**  intlu^tment  set?  forth^  iUm  the 

nwr  nt  the  bar  <JiH  t(»r  ttiin  purpose  »n^t 

bdconAiiit  uiib  st'Tcral  fal^  Iraltons  to  the 

«ri4  g«>%'erii*ii€in»  ol'  the  v%ays,  mnoTier, 

rmeftftft  itow,  aii<i  iIip  time  atitl  place  wh^n 

inri  whf^re  to  tt»iissinal^   the  king';    md  at 

leoglh  tlt«*3r  ti|n*e«(l  that  iorxy  horse  men  shoitld 

|W  logrtb«r,  and  set  upon  the  king"  in  his  coach, 

ii  he  nftum^l  lr«Hfi  nuniini^ ;  some  to  attack 

■j^ccv^cb,  IV bile  others  set  upon  the  -(ifuiiriis. 

^R\)ff  mcitcttnent  rjoes  further  ulmrge  him  with 

^Ffeltoi^  hordes  and  amis,  and  pariicularly  witli 

B  Mrr?iiu»  a   list  ot  the  iissussm«lors  irom  one 

i     %ta»$iner*     These  are  the  particular  thiugfs 

I  in  tl)c  indictment,  and  to  this  indict- 

t  Ue  has  pleaded  not  i^njlty  ;  if  we  prove 

lit  &cl^  gvtiiletuen,  we  do  not  doubt  your 


Au.  Geft,  May  it  please  your  lordship,  and 
ym  ventlcm^n  oj't lie  jury ;  the  prisoner  at  the 
Wf  Charles  Cranbnme,  i«  indicted  for  hi^^h- 
ttWMi.  tn  cAnjpiMi!»iiig  and  iinsifriijHjg-  ibe  ileath 
rfA#  kinjjr,  Ointleoien,  the  overt  -  acts  JJiid 
•  id*  imiictment  to  prove  the  prisoner  guilty 
tn;  that  be  was  at  fieverul  meeting's  and  eou- 
MiHatioBaalKiiit  the  manner  of  puitinpr  thia  de* 
ifA  In  esyecoiion  ;  »t  which  ni«*eting7s  it  Has 
«frt€i1,  ih«t  there  «hotdd  b^  ahiMit  forty  UoiTse- 
■a  rr  ■       prepared,  and  armed  for  that 

fVjKt'  y  did  provide  hcii-fies  and  arms 

^thmx  very  iiiingf,  and  did  agree  to  put  it  in 

(fi«ll»nefi(.  the  endence  that  you  will  hear 

fndUfied  against  the  prie^ner  at  the  bar  wilt  be 

^  tUi  nature  :    You  wWl  henr  iroro  the  wit- 

liva^  tbat  about  Obristniaa  lust,  or  the  be- 

|Ma(  uf  Jafmarv,  sir  George  Barcley  did 

MM  ifw   fro*n   France  from  the  late  kin g^ 

^^Agpk  U>  ^  h<.io  be  was  an  officer  iu  hta  iruartlst, 

^^^^p  on  for  attacking-  the  prince  of 

^^H^p^  \  M)|r  wur  upon  bis  f»erson.     lie 

^^Eiroir«r  MU>nt  thnt  time^  and  several  troopers 

^Vlh«  lAte  kin*r  James's  piards,  to  assiBt  bim 

^BlKat  hartmruutf  conspiracy^  W  hen  sir  Geor^fe 

Bwcky  c«iiie  ovijr,  he  did  acijuaint  with  this 

^  iBMf  a  several   persons  in  £n|>land,    that  he 

itnil^t  proper  to  Ite  accompticei:  wtth  him  in 

k;  pinicaUrly  captain  INirtet,  Mr.  Charnock, 

K  WdJinni  Parky  OS,  and  s**ver?il  othcru  wlio*e 

Biiaai  you   wdi  liear  of,  and  they  had  several 

iMetiiilfv  ubout  it  the  he^iouinj^  of  February, 

ai  capt.   Porter'ft  lodginc^s,  at  the  Nag'ti-Head 

11  Covent- garden,   at  the  Sun  tivern  m  tlie 

luiiid.  at  \Ur  Globe  tavf-rn  in  Hatton  i^arden, 

iiidt^  r   ptsce^  where  tlvey  consulted 

^  wi  ,1    they  mi^,'hl  altenipt  and  ac- 

iJiA  Uoofly  desi^fn. 

en,  you  will   hear,    tliat  at  these 

C' f  ik£»4;.^  a  was  pro|K>»ed,  ihat  they  should  do 

iib^  »iid.ofcade  A*t  the  king^  caine  from  Rjch- 

\  If  hither  ho  used  to  go  upon 

'  rs  were  for  doint^  it  on  this 

"    A  ^  tlicir  opmrons  bcinqf 

:bt  necessary  to  find  out 

the  best  place;  and  in 

they  employed  cupiain  Porter, 


Mr.  Kntjyhtley,  and  Mr,  Kingf  (wIto  was  exe- 
cuted) to  view  the  L' round;  and  accordingly 
thpy  went,  and  pitched  upon  the  lane  betue^o 
Brentford  and  Turnham*^rer»n  for  this  pnr- 
|K»se.  as  the  moat  i-onvenieni  phice  r  nnd  bar- 
ing m\  dune,  they  came  back,  and  g^ave  an  ac- 
count to  those  that  had  appointed  to  niet^t  them| 
to  hear  the  success  of  their  expeililmfs,  t%i  the 
Nat(*»'Head  in  Co  vent- garden ;  and  iu  that 
jdace,  yoti  will  find  by  the  evidence,  tbat  thofe 
pcrsonx  who  \iere  the  beads  of  the  conRpiracyt 
undertook  to  tind  their  several  proportions  of 
lUfu,  for  whom  they  would  uudeilake  that 
would  gn  with  them,  and  he  concerned  in  this 
desij^n.  Sir  Georeje  Barcley  was  to  furnisli 
about  twenty.  He  had  the  command  of  the 
IrooperM  tliut  catue  Irom  France,  and  those 
other  oflTicers  that  came  thence  were  under  him. 
Captain  Porter  was  to  furnish  seven,  Charnock 
was  to  furnish  eig-ht,  .sir  William  Parkyns  iitt« 
lo  furnish  ftve  horses  and  three  men,  and^  I 
Ihiukf  Loivick  %vas  to  lurrush  some  njor<* :  in 
the  whole  niamber  they  i^eckoned  there  sJtoutd 
be  about  Coriy. 

It  will  appear,  ircntlemen,  that  the  prisoner 
at  the  bar,  Mr.  Crnnburnc,  was  one  of  the  men 
that  captain  Porter  untlertook  to  get,  and  en- 
jjai^e  Til  ibis  rlesijjn  ;  and  accortlingly  captain 
Porter  difl  acquaint  Mr.  Cr^nbnrne  with  it  j 
and  he  did  undertake  to  be  one,  and  lo  be  ready 
to  go  with  liim,  attd  be  concerned  in  this  as- 
sassination. Yon  will  find  lie  was  aeqnuinted 
with  it  nliout  the  I4t!i  of  Febmary,  the  day  be- 
fore the  first  time  tbat  they  intended  to  assault 
the  king  :  then  he  did  umleriake  aTuI  ffgree  to 
prepare  himself  against  the  next  day,  Thyf 
next  day.  winch  was  the  15th  of  February, 
they  had  severat  meetingrs,  and  they  were 
fiiakiu!^  )Freparatton  in  order  to  go  out.  It 
happened,  by  g-reat  providenoe.  his  majesty  did 
not  go  abroad  that  day,  and  thereupon  they  ttts- 
pcrsed  themselves  ; "  but  they  had  meeiin;f» 
afterwards,  at  which  meetings  the  prisoner  wus 

E resent  with  captaij^  Porter,  Mr.  Peodergrass, 
ia  Rue,  and  several  others  that  were  conecrrred 
in  the  conspiracy,  |inriicularly  the  *ilst  of  Fe* 
hruary,  the  day  before  the  second  lime  they 
were  to  have  put  this  in  execution.  Captafa 
Porter  being  at  the  Hun  tavern,  with  several 
other  gentlemen,  and  they  resolving  to  b*ve  it 
ex<;cuted  the  next  day,  if  the  king  wont  abroad  ; 
captaio  Porter  sent  tor  Cranhurue.  and  Kryei* 
that  was  executed,  and  Kendvick  and  8hfr- 
boro,  four  of  those  that'  he  had  undertaken  for, 
(of  whom,  I  say,  Cranburne,  the  prisoner  at 
I  he  bar,  was  one)  and  then  he  ucquainted  them 
that  ihey  were  resolved  to  go  on  with  it  iha 
next  day.  And  then  they  agreed  to  be  in  a 
reuiliness  accordingly.  The  next  duy  the  pri- 
soner, with  some  others,  met  at  Mr.  Porter's, 
where  they  were  preparing  l<*  go  out  and  at- 
tack the  king,  and  they  had  several  diseourses 
about  the  ways  and  means  of  floiuLf  U ;  and 
particularly  captain  Porter  at  that  time  snid, 
that  he  had  a  vi-ry  good  gun  that  held  about 
SIX  or  «igbt  bullets,  and  thai  Mr  Pendergra^s 
was  to  have,  who  was  tn  tlUfcltiUi&  ust^j^^Ms^ 


8  WILLIAM  HI. 


I 


I 


I 


i 


S4S] 

shoot  luto  tb«  ooadi ;  Mr.  Craiiburtie  was  there 
presettt  at  that  titiio,  aiid  Mr,  Cratiburne  wait 
employ eit  f^^ticitlarly  by  copl.  Porier  tu  carry 
a  lilt  that  IVirter  wrilot  the  names  of  fiettral 
tneo  that  were  to  act  iu  it  under  liim,  atid  tUh 
he  was  to  carry  to  Chttrm>ck ;  Porter  writ  it 
and  guve  it  hittii  and  he  carried  it^  with  dirt^c* 
tlou^  to  bnng  it  back  witli  the  list  of  the  names 
of  Mr.  Cliartiock^ii  men*  Cranburne  itjd  ac> 
cordin^ty  at  thai  tliue  carry  the  list  of  thtf 
tianies  to  cnpt^in  Charnock,  am)  brought  it 
kick,  nitU  at\  adilitluual  hst  irom  co{>t.  lJhar> 
90€k,  nl  hitimexi. 

At  t)>at  time,  you  will  hear  further,  when 
Craabutne  hroui^ht  tiie  hst,  he  biou^ht  an  ac 
count  thill  he  heard  the  king  did  nertaUily  go 
ajirond  :  for  Mr.  Charno^k  hail  intelltL^euce  so 
noni  i*hamber«,  who  lay  at  Kensington  to  get 
Hlteilij^^eace:  at  which  there  via»  lory  ^'eat 
i^joii'iu^  among  alt  that  wtre  pres^^nt  aX  that 
t|m(*f  hoj^io^  they  sliould  have  an  o|iportuoiiy 
to  put  thi«  execrable  desig-n  in  e^ecniioa  ;  and 
!|0  they  prt^jiared  all  of  tiicin  to  ga  out.  There 
were  sf.Teral  inns  in  Turn  barn- Green  and 
ilreiitford«  and  thereabouts,  and  tliey  i^ere  to 
Ve  placeil  two  or  three  m  an  inn,  that  Uiey 
might  be  ready  to  get  together  v,hen  time 
should  »f rvCt  It  hap^tcited  the  kijij^  did  not  ^o 
abroad  that  day  neither,  there  beiu^  some  dis- 
covery of  thit»  de»i^,  and  so  ihey  aid  dt«perse 
tlieinseh eif,  as  appretiending  it  waa  discovered. 

Gentlemen,  it  vt't[\  appear  by  levera)  wit* 
QessfMtt  that  tlie  prisoner  at  the  bar  waa 
engaged  tu  this  horrid  tieasonahle  defsigo^ 
and  IV aa  to  hare  acted  a  part  in  it.  We  will 
cail  our  wit^ies&es  that  will  make  ilie  particulars 
out  to  you,  and  we  do  not  qnei^ioQ  but  you  witl 
do  what  ia  right.     First,  ^aU  caiti^io  Porter. 

tWhowasawom] 
ea»e,eqpt.  Porter, 
gire  the  court  and  the  jury  an  account  what 
3rou  kuo^v  of  this  wicked  mlendett  as^as^ina- 
tion,  and  what  ahar«  Ifie  priaoner  al  the  bar 
had  in  h? 

Farter*  My  lord,  hehre  ihia  wicked  assas- 
«inaiioD  was  on  toot,  the  prisoner  at  ihts  bar, 
Hlf .  Cranburue,  was  employed  by  me  to  biiy 
irms ;  1  naeil  to  give  him  money  t«)  go  to  the 
Irokers  to  buy  arms  at  second-hand,  a»d  he 
brought  a  sword-culler  to  me,  of  whom  I 
bought  aibout  tvienty  s^Tords.  And  when  air 
Gaofge  Barcley  earue  into  England,  and  this 
bMMOCSs  vfm  reaolved  u(Hm,  I  acquitinteil  him 
with  the  deaign,  and  promised  to  tnount  him. 
He  newer  waa  at  any  of  Uie  meetings  with  cap- 
laio  Charoock,  ur  George  Barcley,  or  sir  Wui, 
Parky  na ;  hut  he  w  ent  to  look  for  a  horae,  and 
waa  ready  both  Saturday  a  to  so  along  with  me. 
Ou  Haturday  the  22d  1  aeot  nim  with  a  mea- 
■age  to  air  William  Parky  na,  for  the  note  for 
the  two  horses,  which  he  had  promised  me  lo 
furniiih  lue  with,  out  of  his  iive  that  he  was  to 
furnJsb  ;  be  came  back  again,  and  told  me  that 
there  was  a  messenger  came  and  said  that  iha 
king  did  go  out,  and  he  knew  where  to  have 
the  two  horises  ;  that  Mr.  Charnock  was  afraid 
w^  shoulii  not  liave  the  fuU  ouiuber  of  men, 


Trial  ofCharUM  Cranbume, 

aud  desired  me  to  tend  him  the  naiDCS  of  i 
men ;  I  did  write  a  hst  of  the  names 
men,  and  1  went  aflerwards  to  the  Bin 
I n  firing- garden »  whither  he  was  to 
nie  j  he  din  so,  an^h^  brout^ht  back  the  list  4 
my  men,  with  tbe iBt  of  Mr.  Chamock'i  mi 
written  uoderneoth  it,  and  at  the  aaicie  I 
news  was  brought  that  the  king  did 
abroad  that  day. 

X.  C.  J.    Vou  say,  that  before  th«  i 
tiau  wus  set  on  foot,  you  employed  hin  tol 
arms  and  horses  ? 

ForUr.    Mv  lord)  1  ac<|uaitilcd  hini  witbl 
the  Friday  before  tlie  first  aS^urday. 

L.  C.  J.    Vou  said  l»elore  the 
vou  employed  him  to  buy  arms: 
that  ? 

F&rter.    I  said  before  the  a^saastnati 
on  f'»ot  t  employed  him  tf>  buy  nrms. 
Itim  I  waa  to  be  a  captain  In  cobnel   Park 
regiment,  and  protntsed  to  make  him  my  i 
ter-tDasler. 

L,  C.  J,    Hew  loni;  ago  waa  thia  ?  Was  i 
week  before  the  assnssiutiUon  was  OB  fwif 

FsHfr,    He  has  known  of  my  I 
tain  in  coK  Parker^s  regiment  thia  two  j 

Ati,  Gen,  I  do  doubt,  toy  bird,  he  i 
distinguish  the  times  when  be  bou 
arm«,and  when  the  assasii^ation  was, 

L.  C  i-    Yes,  yes,  he  <)o€9  imiw  ;  I  mih 

Crebended  him  at  tirst,  and  thought  b«  tiii 
ad  employed  bim  to  buy  arma  a  w«ek  f 
the  assassination  was  on  loot ;  but  he 
wtui  a  Ion  gar  lime. 

AtL  Oen.    1   desii^  wy  l<Nrd,  He  HttJ 
aaked  what  lime  he  bought  arms  before  T 
sassioatiao  :  when  was  the  last  time  be  I 
arms  ? 

Ftftiir.     It  was  several  tnotUbs  bdbr«  i 
assaitsitiation. 

Ail.  Gen*  W'aa  it  within  a  yaar  before  ilT 

Forier^  Yes ;  1  btlieve  it  was  within  a  yc 
1  gave  him  several  tim^  money  for  tliat  pi 
pose,  tti  all  above  ten  pounds,  and  be  told  a 
one  with  anothut,  he  had  bought  ten  caiei 
pistols,  and  kept  tliem  in  the  liouae  till 
were  oocaaioii. 

A(i,  Gen.   How  long  ago  ia  it  P 

Forttr,    I  believe  about  a  year;  wilhhl 
year* 

AU.  Gen.  When  did  yau  first  acquaint  1 
with  the  ai»sassLi)atiau  ? 

Forter,    Presently  afW  sir  George  Bard< 
aci)uainte4l  me  with  it ;  t  sent  to  hin^  to  \ 
him  to  get  tlio  pistol<»  dean  aiu)  ready. 

Ait,  Gem.  Did  you  tell  htm  of  thedesignl 

Farter .     1  toUl  hitn  titere  was  a  demgu 
footf  and  I  would  t4.dl  him  more  when  1 1 
him  next ;  and  I  desired  bim  to  get  ibe  swo 
from  the  sword- cutlers,  and  the  pistols  t  " 
aod  ready.     And  1  met  him  al^rwardiy 
told  htm  of  the  design,  aud  that  we  i 
do  it  on  Saturday   the  J 6th;  and  be  i 
to  be  ready  and  make  oni^.     On  the  1 
fore  the  '^3d  he  went  with  me  to  the  Cock«i 
and  there  we  met  with  one  Mr.  Gunn,  ancl 
aaked  him  if  he  knew  where  any  good  1 


fif  High  Tire&sdn. 

nMit  ^  Irtrf  f  H«  Mid  be  }Mtft4  he 
M;  aailT  teiil  CraQboroe  with  htm,  nut!  he 
■■i  hmekj  mod  loYd  mtht  had  fecund  two  or 
HtfMOiM  m  Bloomshttrj. 

L.  CA  /•  I>K>li  ye,  eaptairi  Porter,  you  must 
101  ipMkti  Ito,  tt  is  inopossible  to  undertUod 
i»  viadi  Bftlter  ms  you  deliver  without  distin- 
rasluafl' of  times*  Yoti  iiaid,  that  some  lon|f 
mfe  bmre  the  issafisinatioo  wjis  on  foot  you 
•wt  him  lo  hiiy  anns ;  for  what  purpof^  were 

Aii.  Gen.    My  lord,  he  has  told  you 

L  C,  J,  Pray,  let  me  tiear  it  frntn  liim  a^ain. 
t^rt^r,    1  »y,  my  lord,  he  knew  ol'  my  be- 
ii|  i  Cftptttn  hi  colonel  Parker's  reg^lfDeat  iim 
tpo  years. 

L  C.  X  But  what  were  those  arms  for  that 
belmai^ht? 

Farter.  To  be  ready  Bfratnftt  kin^  J  u  noes 
knMm  which  n  as  desigtied  several  times. 

L  C*  J»  Why,  now  you  make  the  matter 
^ku  to  me. 

in,  C^^n*  My  k>rd,  that  is  not  the  tUinn;^  we 
fBipon*  that  is  but  introductory  to  the  btisi- 
MS  thnl  we  are  tMkw  trying^.  Therefore  we 
Me  to  liiii>w  f»f  him  :  captain  Poner,  when 
M  |«e  Unit  aequaint  Crodthuits^  of  the  asass- 
aniioii  o£the  kingf 

Verier.    As  soon  as  air  Georgfe  Bardey  ac- 
^Bled  me  with  it,  and  desired  me  to  ^et  #b»t 
Ofii  I  eotilr)  to  effeet  it.     I  sent  for  C:rai)biirne 
f  Mgfuga  in  Norfolk- street,  and  he  caoae 
y  mm  mw  nomijif ;  and  I  told  lijm  ili«re  wak 
lltaRgii  on  foot,  and  1  would  tell  him  more  of 
rwartl«, 

►  0€U*  When  was  il  that  sir  George  Bar* 
1  yod  with  itf 
About  the  Istt^nr  end  of  January. 
Ait  OtH.    And  H  hat  said  be  to  it  wbeu  you 
him  with  it  f 

He  did  agree  lo  go  with  me,  and  I 

I  to  furoisb  itioi  with  horse  and  aruis  i 

I  FrhHiy  before  tlie  15th  I  sent  hinj  with 

r  of  pistolt  to  sir  Wilhaiii  Parky ns,  to 

\  the  tnree  oaen  he  was  lo  mouui  with 

I  Knrses, 

,  C  J.    Who  waa  to  have  those  thiee  case 

ifmiolar 

Fort^.  Sir  Wllfiaro  Parky  ns  was ;  and  he 
einied  them  to  ^ir  VVilhuni  Parky  ns*s. 

dit.  Gen,    How  lung*  was  tUis,  do  you  say, 
Wibvt  Ike  assassioBCioit  was  to  have  been  f 
p9N€r*    H  waa  Friday  before  thL-  I5th. 
Mt.  Gtn,    That  was  before  the  tinst  time 
llal  M  waa  lo  hare  been  done  ? 

Farttr.  Ves  ;  and  Friday  before  the  last,  I 
mthifB  to  Inok  after  the  horstfS  th»t  Guun  said 
hi  behcreil  he  could  help  me  to,  and  he  came 
lkmt%o  the  Stra-tavero  in  the  8triind,  uud  tnld 
idJe0ery  Gunn  had  found  three  horses 
bury,  and  1  came  out  «jf  the  room 
I  woa  with  i*ir  Oeofge  BafCl**y  and 
,  and  there  was  kendrick,  and  K^eyes, 
and  f  toW  them  wc  werc're- 
I H  m  execution  the  next  *hiy. 
Well,  prsy  what  discourae  had 
19»  ivi^  hia  tiie  next  day  ? 


A.D.  t^. 


[SM 


PorteK  The  ocit  day,  the  f  2d,  he  came  to 
my  tod^iog  at  Maiden- lane,  and  I  sent  him  to 
sir  William  Parkyns  for  a  note  far  the  two 
horses,  that  I  was  to  mount  of  his :  he  came 
back  ai)d  told  me,  he  knew  where  to  haVe 
them,  and  that  captain  Chamock  was  afraid 
we  shoulil  tiot  have  our  complement  of  raerl, 
and  desired  me  lo  send  him  an  account  what 
men  I  could  brings,  which  I  did  by  Mr.  Crafi* 
burne,  aud  bein^f  to  gx»  to  the  Blue- Posts,  or- 
dered him  to  brmgf  it  me  thither,  and  he  did 
bring*  it  back  to  me  to  the  Blue- Foils,  with 
captain  Charuock^s  list  underneath. 

Soi,  Gen.  Pray,  eaptaiu  Porter,  was  there 
any  body  present  when  you  terrt  the  list,  and 
tlie  prisoner  brou|rht  it  back  to  you  f 

Porter.  Yes,  there  was  Mr,  De  la  Rue,  and 
captain  Pender^rstss,  and  Mr.  King,  I  know  of 
tjoue  else. 

Ati.  Gen,  Pray  do  you  remember  whit 
heajttis  were  drunk  iHer  yoti  heard  the  king 
was  not  to  go  abroad  ? 

Porter.  I  do  not  remember  u  hat  healths 
were  drunk  Ihatttay  particulSrly  ;  but  whether 
it  were  Thursday  or  Friday,  (I  catmot  tell  par* 
ticuUrly  the  day).  We  drank  a  health  to  the 
■qdeezuig  of  the  Kettes  Orange  upon  the  uext 
t$uturday. 

Att*  &Hh.  Who  w«^  present  that  day  when 
that  health  was  drunk  ? 

Part  er.  M  r.  Craubume  was  there  presettt  at 
that  time,  aud  did  djiuk  the  bentth. 

Mr,  Cowper,  Pray,  Sir,  did  he  m^s^t  you  by 
appoint  meat  oil  Saturday  the  15th,  or  was  ft 
by  accident  ? 

Porter,  By  appointment,  at  afl  the  rest  didt 
to  ret  ready,  as  all  the  rest  did,  to  go  upou  the 
design  ;  and  so  it  was  both  days. 

Sir  jB.  SAot»er.  If  they  have  done  with  Mr. 
Porter,  we  would  ask  htm  a  question  or  two  for 
the  prisojier :  we  desire  to  know  when  it  waf 
thai  thost;  arms  were  bought  that  he  talks  off 
For  we  moit  ackaowledge  that  Mr.  Cranburue 
heretnfDre  went  upon  iteveral  messages  for  cap* 
tain  Porter ;  when  was  that  huyhj;j  of  onus? 

Porter,  I  teU  you,  1  cannot  exactly  teil  the 
month. 

Crunbtttfte.    Do  you  remember  the  year? 

Porter.  I  lielirre  it  was  less  than  a  year  be* 
t^re  the  assassinuuoa  was  oti  toot. 

Crmi^urne.  Jfyou  remember,  Sir,  it  was  a 
vnotith  before  colonel  Parker  was  put  ia  the 
Tower. 

Porter.  It  was  several  timet ;  I  cannot  tell 
the  pHrticulur  times. 

8ir  M.  Shower.  My  lord,  f  ilesire  to  know, 
when  he  first  commuuicated  this  dcsigu  to  Mr. 
Crauburne  ?  and  who  was  by,  and  where  it 
was? 

Porter.  I  told  yon  I  sent  for  Mr.  Cranbume 
one  day  in  the  week  hettire  the  15Ch,  and  he 
came  to  me  at  mv  toderfiig  in  Nortblk- street, 
and  I  acquainted  ]iin>  thai  sir  George  Barcley 
was  cocRp,  and  there  was  such  a  design  on 
foot ;  and  I  desired  him  to  ^t  thome  pi!>»toli 
that  he  had  of  mine  ready,  and  cJeaued,  that 
they  ought  be  r«ftdy  for  thief  ex«cvLiv(^u« 


*t7] 


S  WILLIAM  UL 


Trial  of  Charles  Cranburne^ 


D 


I 
I 


Sir  B.  Shower,    Wlml  day  was  thai  ? 
Pprter,    Oiie  dav  in  tlie  week  liefore  the 

CrMtbvrne*  Did  yan  erer  oamc  sir  George 
Burdev  to  a)^  in  your  JiJe  ? 

Foricr,  Ves»  i  iliJ ;  I  told  you  he  wm«! 
ctitrie  lT«>ni  Franctv 

Cranbunu.    Wh#?re  waa  that,  at  Mr. ? 

I*mier.    In  Nnrtblk -street,  where  I  lay. 

Crunburne.    VVdu  i*aa  by  ? 

Pitfter,    Nobf»dy  hut  mysf^U* 

Sir  J3,  SkiUi^^rr.  Upou  vi'batuceajtioii  did  yoii 
Beet  there? 

Porter.    1  sent  for  him  lo  my  lodgtojf. 

8ir  B.  Shimir.  How  lonj^  hud  sir  George 
Barcley  been  in  towu,  Wlore  that  lime  ? 

Pvrur,  I  Ciinnot  tell  the  limt;  when  he  came 
to  town. 

Sir  h.  Sftower.  How  loog  was  it  after  he 
came  lo  toivu  before  yon  saw  hira  ?  Had  yciu 
P*'en  him  a  week  or  a  furtuight  before  ?  Pray 
recoilect  yourself* 

pQrter'  J  told  you  that  the  fii-st  time  I  heard 
of  him,  was  the  latter  end  of  January  ;  c»|)taiii 
Charooi'k  told  me  he  Has  come,  but  I  was  then 
fiick  of  ibe  gout 

8ir  B.  Shitmer^  Now  ih^n  I  would  desire  to 
know,  who  was  by,  upon  the  Friday  before  tlie 
S2d,  at  the  8uti*iavern  in  the  8traud,  whea 
you  and  Mr,  Cranburtie  were  there? 

ForUr.    1  did  tcU  you,  Sir. 

Sir  B.  Shower,  I  tiesire  to  know,  whether 
there  was  aoy  body  betides  Mr.  Cranburne, 
Keudriek,  and  Keyes  ? 

Porter^  Sir,  1  will  tell  you  all  I  can  re- 
mem  b^^r ;  I  was  in  one  roum  with  sir  Cieorg^e 
Ilardey,  and  there  was  sir  William  Piirkyos, 
caf^tain  Charnock,  and  myself;  ai:d  ajterwanls 
1  weot  into  another  room,  where  there  was 
Kendrfck,  and  Cranburne,  and  Keycs ;  and 
J«0cry  Guon  came  in  afterwards  j  I  remember 
nt»bDdy  else. 

Mr.  Phipps.  Was  not  Gi}t)U  there  when  you 
you  fif^t  ciime  in  ? 

Porter,  Tq  the  best  of  my  rcraicrobrance, 
be  came  in  aftet  wnrd«. 

8ir  B.  Shower,  IMy  lord,  thts  may  be  a  very 
roaterial  part  of  our  defence,  and  therefore  we 
must  entjuire  a  little  the  more  mio  it.  Mr. 
Purter  is  pleased  lo  a^y^  that  be  was  in  a  ronm 
with  sir  George  Barcley,  and  Ciiarnock,  and 
sir  William  Parkyos;  and  he  e^me  out  into 
another  room,  wberw  was  Mr.  Cranburne,  Ken- 
itrickf  and  Keyes ;  and  there  he  says,  at^er  he 
liad  bceci  there  s()nrie  ume,  Gunn  came  in;  I 
desire  to  know  whether  Guiiu  was  ibere  when 
lie  first  came  in? 

Porter,  Tr»  the  best  of  my  rememhrance,  be 
came  in  afterwards  ;  but  1  cannot  |iosiiively 
IC'IU  fftr  t  was  in  and  out  several  tiincH, 

Mr.  Phippi,  At  the  lime  tliat  ynu  coramu- 
picutcd  this  design  to  Mr.  CraBbyrne,  what  £>md 
be  to  you  ? 

Porter.  When  I  first  commimicated  the 
ib'mg-  to  bim,  1  told  bim  titers  was  a  thintr  on 
foot  Ibr  the  service  nf  kin^  J&ai4KS|  and  desired 
him  to  go  alQug  wiih  iii«. 


i 


L.  C.  J.    What  kiod  of  aerriee  did  you 

htm  it  was? 

Piirt€r,    He  asked  mr,  wh:it  kind  of  »e 
it  was?  I  told  him  sir  G«onje  Barclcy 
come  Of  pr,  and  1  told  the  whoie  d^t|;n  of 
assassin dtiou  u!   the  prince  of  Or  inge,  thai 
was  intpib^rd  to  tuke  bim  oH't  as  Ur  «:ame  In 
Ricbiiioiid  trom  buuiing'. 

Mr.  Phipps.  And  jHay  what  did  Mr,  Gn 
buruc  Siiy  to  you  r* 

Porter,  lie  said  he  would  be  ready  to 
aloni^  with  me. 

Mr.  P/tippa,  You  say,  yuu  eent  by  bim  thi 
ca^e  of  |ii^lids  iii  sir  VVili^am  Parky ns  i  at  ll 
time  did  you  tell   bim  tor  what  desijurn  tb4l 
pistols  y%  ei  e  f 

Porter,    I  told  him,  they  were  for  the  thn 
men  that  sir  William  Paikyns  was  lo  omm 
njion  three  of  hifi  tive  borse«. 

Crunburne,  Did  ytm  speak  to  me  to  cti 
ihoie  pistoU  to  sir  VVilliain  Parkyns.^ 

Porter,  t  think  so,  to  the  l>est  of  my 
menibraiice  1  ordered  you  myself  to  e 
til  em. 

Sir  B,  Shower,   Captain  Porter,  I  desire 
to  recollect  yourself,  aiK^l  tell  us  plainly, 
tber  the   desi|fn   was   coiinnunicated 
Cranburne  belure  the  l'»th? 

Porter,    Certaitdy,  Su-. 

Sir  B.  Shower,    Art-  ycm  sure  of  it  ? 

Porter     Yes,  Sir^  I  am  sure  of  it. 

Sir  B.  Shower i  I  %hk  you,  because  you 
what  has  been  said  upon  Uiis  occaaiou  in 
trials. 

Cranburne,  Wliere  did  you  write  the  nol 
that  you  say  you  sent  to  sir  Wiltinm  Parkyn 
Was  that  note  seHled,  or  was  it  not?  ^ 

Porter,  1  did  not  tell  yoa  that  J  wnHHt 
note. 

Cranburne.  You  fwore  that  yoti  wmlft 
note,  and  sent  it  by  me  to  sir  Wdhnrn  Pu^jj 
for  two  horses. 

Porter.    1  said  no  such  tbin^.  Sir. 

Sot,  Gen,   Look  ydu,  ca[itiiin  Porter,  let  hi 
ask  you  any  quewttons ;  and  if  they  be  prop 
answer  them,  and  let  not  bis  attirmations 
mistakes  provoke  yon  to  be  angry. 

PorUr,    I  said,   1  lent  bim  to  sir  Willi; 
Parkvn!i,  for  a  note  to  have  the  horsefr, 
Mr.  Lewis* 

Mr.  Phtpps,    Did  you  send  bim  witi 
ter,  or  was  it  a  messdge  by  word  <»f  mouth  f 

Porter.  ]  did  send  hira  by  word  of  moul 
for  a  nc»ie. 

L,  C,  J.  Pray,  gentlemen,  observe  tht 
deace  :  sir  \\  itham  Parky  us  was  to  irive  a 
JWr  two  horses,  and  captain  Porter  sent  C 
burne  for  the  note. 

^Ir.  Phipps.  I'he  (question  therefore  that 
ask,  is,  wbi'tber  he  trot  a  letter  fur  the  no 
or  whether  by  word  of  mouth  ? 

Portrr,    |  sent  by  word  ot  mouth. 

Cranburne.  Prjiy  will  you  tell  the  coi 
what  you  said  upoti  the *4^2d  to  Mr,  Peuderg^r^ 
and  toe,  alter  you  came  down  from  the  Bin 
Posts,  leaning  upon  the  rail. 

Porter,    i  do  not  remember  i  tvord  of  it, 


iiOj 


Jot  High  Treason* 


I  oAoitnt  rememl^er  etery  word  ihat  I  hare 

Sir  E,  Showtr,  If  you  can  remember  one 
particutsr,  sure  you  oui  reiiieniber  anotlit^r. 
if  ^tM  csniif^t  remember  tUb,  bow  came  you 
M  rrmeittlMfr  fttiy  pirt  of  tUe  tluicounMs  ibul 
iMten^  ot  the  Blue  Posls? 
JVlcr*  l^dkuse  itial  Has  material  to  tbia 
,  far  1  Un^l  very  soon  af^er  a  particular 
I  to  recoUect  U  upon  tbe  breaking  uul 
tf  IIm  |»b>t. 

CfttH^nuf.  Pray  what  hour  was  it  ibb  Ski- 
tiiiiiy  the  l^tb,  Uiat  you  conimunicittiMt  lliiii 
^oifD  Ui  me  t 

ftrt^r,  i  caiiDOt  teU  wbnl  hmir,  but  1  say 
t«a  mrt  at  ttie  Blue-iVsts  Satunlay  tbe  K'^ib. 

Crtm6i*nir.  Vou  say,  you  fommum^ateil  it 
tvinettie  t5th. 

Hi,  Gen.  lie  mys  be  communicated  it  to 
|0f,  bclofff  the  1  jtli. 

Cr^mhume.  1  desire  to  know  where  be  waa 
tblMb, 

fwi^r  I  say,  ooe  day  before  the  15tb  ;  m 
tbi  wwfk  1  sent  for  )i>u  to  c«me  lo  my  loiltf- 
iflfif  and  yon  did  cotue^  and  tli<:re  1  t?<Hiiniu- 
mmcA  it  to  you. 

Cr^mhmrni*  il^ir,  I  was  nut  at  your  b»%inga 
tbiweek, 

Hr  Fhiftpt,     VYhat  day  of  the  week  ? 

ftrritr,     1  cannot  be  positive  ultether  it  wa» 
UnivmiUy  or  Friday,  or  what  day  \  but  one 
plir  thai  ^et!k  it  was. 
\  llr.  Fk%ppu    You  ought  to  be  positive  wbeu 

I  Fortfr,     I  do  tell  you  as  nrar  as  I  eon. 
L  Mr.  Pkippi.    U'ltb  tuhmikSion,  niy  tord,  be 
i  lo  be  poeit&ve  one  way  or  other. 
.C^J,    ni&yt  1  do  nnt  aee  that  be  ou^ht  to 
ire  lo  a  day  ;  be  may  bo  mj  if  be  can* 
kime*    Pray  what  day  did  you  say  you 
I  tte  ti>  air  George  Barcley  ? 
I  fmter,     I  do  not  say  that  1  ever  sent  you  to 
^G^ense  Uiirclty, 

i  Mr.  Phippi*  Can  you  take  upon  you  to  say, 
A  lie  was  at  your  lod^iug^  ihui  week  before 
jlMh? 

Forter,  To  tbe  best  of  my  koowbdge  it  was 
DC  ilay  tbat  week. 
Mr.  Fhippi*  To  tbe  heal  of  your  knowledge  I 
Are  you  sure  of  it  ? 
L.'  C,  J.    Hpenk  as  certainly  as  yon  ean. 
Pwirr,    Indeed,   1  believe  sci^  it  was  In-fore 
Ibel4th.     i  aui  sure,  I  thiiik«  it  was  with  in 
t  fir  four  ibtys  after  sir  GLinf^e  Bare  ley  bad 
aifileil  me  wrtb  it,  I  sent  tu  ilie  prisoner  to 

-,-„•  i»  me  to  my  M)ilui;[%  at  Mrs.  ,  in 

Kor(u)k* street,  uikI  acijuiiinied  him  with  it, 

JL  C\  X  And  i^beo  you  :ic^uainteil  tiini  with 
it,  w hut  tbd  yau  tell  bim?  VVh^it  p^ut  uuti  he 
bactintt? 

Ftrrier.  1  told  him,  I  would  have  him  ^n 
lAan^  v»iih  me,  and  that  t  had  set  liiiii  down 
for  one  ul  my  p^rty.  ;&od  wnuM  provide  hitii 
Wie  atid  arm** ;  aiud  be  did  a^ree  to  gu  along 

ttilklM. 

Ir  a  Shattter.  Mr.  Webber,  Pray  let  me 
far  Cbintock*fl  ximL 


Sb.  Buckingham.  Why,  air  Barthofomew,  is 
Ibe  irinl  any  ewnlence  ? 

Sir  B.  Sitou'tr^  Wr.  Sheriff,  I  know  what 
use  I  can  make  of  it, 

Soi.  Gen.  Will  you  ask  him  any  more  ques- 
tions ? — Sir  B.  S/iow€r.     Nu»  Sir. 

SoL  Gen.  Then  swear  Mr.  De  la  Rue, 
[Which  was  dtme.]  Fray,  Sir*  ihve  the  cuuie 
and  the  jury,  an  account  what  you  know  of 
the  intended  ftHsassinutiun,  and  what  share  tim 
[ir4.<>oner  had  in  it. 

De  id  Hu^.  It  is  too  lon|f  a  story  to  tell 
you  all  that  I  know  ol  this  mailer  ;  but.  if  you 
please,  I  will  tell  yon  tvUni  cH>ncerut  the  pri- 
soner at  the  bar.  1  am  heartily  sorry  tbat  I 
have  oceasiiio  m  ap^K-ar  nt^aimit  bim,  as  I 
would  be  truly  at^aiiist  any  h<»ily  -  but  since  [ 
am  here  nptui  my  o.ith,  t  uinst  flt*cUr*»  th** 
truth,  and  uothin^  hut  the  truth;  und  I  hupe  { 
shall  nnt  deelart' uny  thiti^  but  what  is  truili. 
U|ri>n  Sut unlay  thi;  1 5th  ut  FebrnarVf  the  da r 
that  (he  detiiijrn  w^a  u*  have  been  put  in  eice* 
cution  a^aiost  biii  mujeMy,  and  all  that  Wf>re  in 
the  coach  with  htm,  ntM\  ni;njr»jtt  his  (fuards;  f 
irteut  to  i^lr.  Cbarnnik'si  iiwljjing-s  in  Norliiik- 
street,  to  inioroi  mvBelf  whether  they  re^cdveil 
on  that  day  to  ^a  out  upon  tbe  design;  and  I 
fbun<l  hy  ^Ir.  Charnmk  that  (hey  did  re«iolr« 
Jt.an<l  I  staye^l  there  nubile,  tdl  such  time  as 
>lr,  Chauil»*'rsuuHent ;  1  did  not  know  nhejico 
he  etiioe  then,  but,  an  I  uas  inlorrned  alter- 
waiHlji,  be  came  from  Kensintjton  to  Mr,  t'hnr* 
nock,  ami  his  boots  were  dirty  ;  and  Mr.  Char- 
nock  told  me  be  bail  sent  a  me^^Keuger  to  Mr« 
Porter  i  ami*  sayn  be,  *  If  you  will  wtay  a  tittle 
*  time,  I  shall  hhve  an  answi-r.'  1  he  rnessenifer 
came  hack,  and  told  him.  That  captain  Porter 
dined  at  the  Blue^  Vosih  iu  Spring -garden.  I 
did  not  4to  to  dine  wiib  him,  but  went  borne, 
where  1  saw  Mr.  Kin<j,  who  told  me,  that 
the  kin^  did  not  ^t^  cnit  that  day.  I  told  bim, 
1  beard  he  did  imt  c  E  Ibund  by  Mr.  Cbambers^s 
e^iniin:^  hack,  and  (hat  we  bad  no  notice  from 
Mr.  Cburnockj  tliat  ii  was  cuncludrd  tbe  kinnf 
did  not  go  out  as  itn3Sf;up|M>sed  he  should  have 
^nue.  When  I  bad  ilined  at  my  hnh^iritr^  J 
went  lo  tbe  Blue- Posts  m  Spring-garden  to 
Mr.  Porter,  and  there  were  four,  or  ttve,  or  six 
people  with  hiui ;  there  was  mie  Mr,  Slierlmrn, 
and  Mr.  Kendriek,  and  two  pi'opte  tbnt  I  never 
saw  ht'fure,  und  another  per^ni,  but  I  cannol 
t^ll  now  who  be  was,  \Vhen  ^^e  had  bten  there 
a  little  while,  in  cmnefi  (bi«  nnfor innate  man  at 
the  bar^  Mr.  €  ran  ho  roe  ;  i  i  hi  not  know  where 
be  had  hei  ii ;  hut  hy  hts  coinni|(  in  so  late,  1 
KuppiiAe  he  bad  not  dined,  and  he  onlered  (he 
dra%«er  to  ^ei  biru  some  costelct<(.  This  is  all  i 
can  say  an  to  tbnt  day,  l  hiol  seen  capt.  Porter 
twice  t>r  tbrice  bet  ween  (hat  and  the  '2til,  and 
he  dfsiretl  uie  to  be  at  home  on  Fridav  nig-bt 
betwec^u  eijiht  and  nine,  and  he  wouhl  send  to 
me:  be  ihd  send,  and  I  was  from  bonte.  Hui 
wlien  1  came  1  was  iiiii>rnied  his  serf^aot  had 
been  to  i^peuk  witb  me ;  and  in  (be  mornm(i^, 
about  eh^hi  or  lune  o'cloik,  Satnrdav  the  v»^d, 
be  sent  bis  fcerrnol  to  me  to  tell  me  Kis  mfLsicr 
wuuld  speak  witlk  rneai  hii  bdgin^.    I  wcui 


I 


I 

I 


t5I]  S  WILLlAAf  III, 

lo  his  todc^AQ^,  and  he  then  lay  in  Maiden- 
lane»  at  one  Brown's  a  surgeon ;  when  I  c^me 
iti,  He  Wis  in  bed  ;  anti  h^  told  me  in  Freoch, 
*  Toots  purttes  eotit  presls/  M\\  partieB  arc 
f«ody.  I  tinders tood  ftlk  alimc^  that  tiitre  were 
three  panics  to  be  engaged  ;  one  to  otuck  the 
king's  ctiach^  and  the  tWD  otht»rs  the  ^aftr(Js  : 
•if  Georife  Barcley  ^t»i  to  he4*l  the  first,  and 
FortfTftnd  Hinik^ood,  the  rest.  Mr.  Porter 
arfise  and  dre^jsf  d  hi m<ie[f,  «tnd  in  came  Mr, 
C  rati  burnt ;  and  Mr.  Portpr  tveni  out  to  him 
in  the  dtnin|f-nK)m^  and  what  he  said  I  camiot 
t«lt ;  but  mx^a  alter  eame  in  Pender|pNU9^  Mr. 
ICeyc9,  and  Mr.  King,  and  then  he  takes  pen» 
iJik,  and  pafier. 

Sir  B,  Shff&tr.     Who  took  that  ? 

J)t  In  Riu\  Captam  Porter  took  p<pn,  ink^ 
«ad  paper^  and  ^^^rites  dofrn  a  lisf  of  [its  paily, 
3Hid  put*  me  down  first,  Mr.  Pendtrii^^ 
aaked  me  ifl  was  tiie  captaifi  ?  And  1  made  him 
mme  answer,  but  what  in  particular  i  cannot 
tell ;  I  think  I  told  htrtt  I  knew  of  the  thing 
liefore  the  ruost  did.  But  I  can  renftember  par* 
ticularly  that  list  was^feii  to  Mr.  Craubm-oe^ 
to  carry  to  Mr,  Chamuck ;  iipon  whai  account 
it  wa»,  1  cannot  tell;  hut  I  conoliukd,  that 
Mr.  C  ha  mock  wahi  to  lie  ncf|t)atnted  with  ihoi!j« 
persons  thai  Mr.  Porter  wa»»  aure  of:  and  Mr, 
Porter  at  that  f  inie  totd  me  that  he  wa«  dbap- 
poioted  of  $ome  people,  and  desired  me  to  i?et 
liicn  some  other  men  in  their  roon»«i ;  and  be 
sent  panicnlarly  to  one  that  Mr,  Kinyr  pro- 

eiaed ;  am)  1  did  go,  und  hrou^bt  him  to  the 
lue-Po5ta,  where  captain  Porter  told  me  be 
wai  to  dine  ;  and  the  f«'enth'nf*an  I  went  to, 
told  me  he  wonlil  meet  me  at  the  Blue-Poicts 
in  SpriLi^-garilen.  When  I  came  hack  fn  Mr. 
Porter's  lodifiojpi,  Mr.  Porter  and  iMr.  Pendct* 
grass,  and  Mr.  Otdtield^  and  f ,  went  in  a  coa<!b 
lathe  Blue-Posts  in  Spring- jjardto ;  Jind  when 
we  had  b**en  there  a  little  while,  Mr.  Cran« 
bume  camt>  hnck  to  ^ive  an  account  of  the  er* 
rand  Mr.  Porter  had  sent  liim  upon,  and  he 
brings  this  lisit. 

J/r.  Grn,    Who  brouerbt  it  ? 

De  la  Rue.    Mr.  Cranburne. 

Cranbume.    I\  hither  did  I  bring  it  ? 

DelaHue^  To  the  Blue- Posts  in  Spring- 
garden. 

L.  C.  /.  Yon  must  not  ask  any  questions 
till  they  have  done  with  him.  But  Mr.  Dc  la 
Kur,  let  me  ask  vou  what  duy  wits  this  ? 

De  in  Hue.  1" his  waft  Hainirlay  the  2Sd  of 
February  ;  and  lie  told  .^Ir.  Porter  there  was  a 
tiiit  uf  VJr.  Charoock*!*  men  at  the  bottom  of 
that  list;  and  1  took  the  list  in  my  hand,  and 
there  was  1^1  r.  Chirnock^H  hst  of  six  or  »cvftn, 
or  thereaboots,  oC  bis  party^  and  M  the  bottom 
of  it  Wv8  R,  C.  I  ihintj  for  Kobcri  Chnrnock. 
Mr  Poner  takea  Mr.  Cranburo^  from  the  com- 
pany into  another  rootn,  and  I  went  *iftcf  them, 
and  he  told  captain  Porter,  in  my  hearing,  that 
the  kin^  did  not  ^o  ool  that  day.  There  is  one 
tbin|jr  1  furgot  winch  now  [  rceolWt,  and  I  am 
upon  my  oath  to  tell  the  truth,  and  the  %%Kcde 
trnlh.  When  I  was  at  Mr.  Po«tef*s  lodging, 
h«  la!i  me  the  kinf  was  to  g9  dut ;  aad  that 


TrM  ofCharUi  CrAnbume^ 


DW 


Mr.  Chambers^  the   OTderly  auM,  hsd 
word,  That  the  king  resiolrcd  to  go  oat 
len  and  eleven . 

L.C  J,    Who  said  so? 

De  la  Rtte,     Mr.  Cranbirme  fold  f 
Mr.  Porter's  lodgings:  I  say  I  bad  fofgut 
but  it  occum  to  my  metnory  now,  that  be 
me  there  before  be  went  lo  the  Bliie  P< 
that  th«  kmg  did  go  out  that  day  between 
and  eletcn;  for  Mr.  Chambers^  the  orderly 
limn,  had  been  with  Mr.  Charnock  or  air  W mi 
Parkyns,  to  let  them  know  so  mucb.     Am 
afterwards,   when  be  catne  back  with  ibc*  Ik 
of  ca|itain  Porter's  men,  to  captam  Porter 
the  Blue  Posts,  in  the  Spring-garden,  \\ 
was  at  the  foot  of  that  list^  a  liirl  of  Mr.  Cbi 
tiock*9  m«n  in  attotber  hand,  t  suppose  writ 
himself,  but  tliat  I  cauuot  swear  whose  hai 
it  was  I  and  Mr.  Porter  took  him  into  i»ft< 
room,  and  then  Mr.  Cranbnroe  tcdd  him 
king  did  not  go  oat,  and  I  belifva  it  waa  tlii 
between  oleveo   and  twelve  o'clock ;  and 
aUo  tohl  Mr.  Porter,  that  Mr.  CI)artiock  wi 
iipprflieusive  the  thing  was  discovered, 
ihereibre  desired  him  to  have  a  e«re  of 
self,  lor  he  himself  was  resolved  not   to 
home  that  night ;  I  think,  my  lord»  Mr.  Porii 
did  seud  biick  Mr.  Crnnburoe  to  Mr,  CbtH 
nock  I  I  cannot  be  potitire  whether  he  did  < 
fiot,  but  I  believe  ne  did ;  because  I  am  wn\ 
Mr.  IJranburue  did  tell   Mr.  Porter,  sir  Geotgl 
Barcley  would  speak  with  him ;  and  Mr.  "" 
lor  mnde  answer,  why  should  he  desira  m#  . 
go  to  him,  when  he  knows  1  am  under  fon 
ill  circumstai^cefi,  ami  he  can  better  e<iiii#  I 
iwe  f  And   I   believe  Mr.  Porter  did  send  Mi 
Cranburoe  ouue  again  to  Mr.  Charndck. 

X,  C.  X  Well,  pray  do  not  say  any  thiq 
of  any  matter,  but  what  you  can  bo  poiitiTt  11 

De  la  R$t£,  Bat  Mr?  Porter  did  not  g«»  i 
Mr.  Charnock,  nor  did  Mr.  Charnock  cuoiel 
him,  therefore  they  staid  there  and  dineil ;  an 
after  dinner,  or  a  little  before  dinner,  Key4 
the  tf umpeter  came  up  and  told  us,  that  mj 
lord  of  03tlnrd*s  rcgiuient  of  Cuards  wat 
inrned  from  Richmond,  t!>arning:  Keys 
down  stairs  again  to  learn  intelligence,  as 
thought,  and  C4ime  up  and  told  ub  be  aaw 
kin^'i  conches  newly  returned  to  the  Mc. 
»nd  Mr.  Craiibnriie  was  by  all  the  lime;  1  ihi 
this  was  before  dinner,  and  tbeti  we  went 
dinner. 

L.  C*  J.  ]  tell  you  agam,  do  not  s|>eali  mj 
tbifik  llml  it  material,  but  what  you  oati  be  |MI 
sttifc  in. 

De  la  Rue.  I  am  positive  as  to  the  tkiftg 
and  that  it  was  the  9Sd  of  Kebruury,  but  I  <»M 
wvt  be  positive  as  to  ill  the  circutni^tait«ec« 
After  dinner  there  was  the  usual  bt*alib<$,  t 
Jacobite  healths  lo  king  James,  and  the  priAtfl 
of  Wiiles,  ami  the  Restoration,  and  the  tike 
and  iift<>r  that  I  think  it  was  Mr.  Porter  ti 
an  Orangp  in  his  hand,  and  i»c]ucezed  it,  1  am 
sure  one  in  the  coui|iany  did,  and  drattk  some* 
thing  lo  (lie  Rotten  Orange,  I  cannot  vei 
Weil  ren^eu^r  j  u&t  now  w  hat  it  was ;  but 
would  be  cautious  of  spying  any  tbuig  but  fvki 


m  truth ;  ^Li1  if  ymir  lordship  will  ^ve  me 
I  Wte  to  rrci»IWct  ray  self,  I  will  tell  you  what 
il  was — Oil !  it  wfts  *  to  the  i<jtteeKiiitr  of  the 
liutten  Urani^e,^  aad  the  hcmlth  i\^iit  rottoit, 
'  9t\d  Mr.  CraolKim^  was  in  the  cuitipany,  sail 
I  ^mtk  tbtf  l)f tilth.  But  bejug ilisapi«viul4Mi  anri 
fuled  of  tkm  iletftgu  hy  the  king's  not  ^q- 
tJjat  (fcay,  aod  Mr.  Porttr  b*^ing 
9ped  by  Mr.Charaock  to  take  careof  htm- 
lieing  tolii  that  Mr.  Cbamt»ck  uoiild 
^Mlie  ftt  lioroe  that  mfiUx^  and  the  guards  re- 
in that  manner^  they  were  alt  appve- 
I  tK»l  the  thing  hnd  taken  ^ir,  atiil  t!»c 
I  of  Aaaaaainatin^  the  kui|^  was  discovered, 
lai  Hicref^  Mr.  Porter  coiicludt'd  of  ^oln^ 
Mfif  Ipwa ;  aeveral  heeltbt  wfre  drunk  rouud, 
lad  I  liitfik  about  tuo  o'clock  he  weot  out  of 
kitm^  wmd  tlMO  the  cotnpaQy  broke  up.  This 
k  vliai  I  €tm  my  as  to  the  prisoner,  and  1  hope 
IkftTe  aaid  nothing-  but  what  \s  trutlj. 

9tL  Gem*  Then,  i»y  \m-d,  we  dejire  to  know 
l4flb€r  they  will  ask  liiio  any  questions  i' 

Mk.  P^ippM.  At  the  time  yon  say  this  list 
Hf  gireo  by  captain  Porter  to  Mr.  Cranbiirn«| 
dUMr.  F^ffMr  declar€  to  what  purpose  the  li^it 
mmmmf 

Dt  la  Rue.  No,  Sir^  not  a  word  of  any  such 
Afi||^.  Mr.  King-  was  by,  and  Mr.  Pender* 
gnavwaui  by,  and  1  think  Mr.  Keyea  was  by, 
Mdbtt  irrii  a  list  of  his  party ,  putt ing^  me  down 
fall  #pil  Mr*  Pendergrasa  said  to  me,  You 
'o,  and  he  gasrc  it  lo  Mr.  Cmnburoc 
it  to  Mr.  Charnock  ;  what  ilie  partt- 
wa«,  1  cannot  ha  poaiti? e :  in- 
do  not  very  well  remend^er  the  tnes- 
tBe^km  the  list  waa  carried  to  Mr.  Chamork, 
iM lithe  best  of  my  memory  it  was  to  g^ive 
Hr.diarfiock  ao  account  what  men  bo  wof 
«it«f$  f<kr  Mr.  Porter  told  me  of  several  dis" 
appMoienls  he  bad  had,  of  persons  ikftt  had 
flMtocl  inWf  and  failed. 

Mr.  Phijps,    Can  you  remember  what  Mr. 
tattlnirfte  said  upon  Uiat? 
Dr  U  Ru^.    No,  I  do  not. 
Qrmmhmrne.    Wiiat  measag^e  wa«  thai»  you 
HI,  I  brought  from  air  Geor^re  Barcley  ? 

Dc  la  Huo  I  do  not  kuy  that  you  brought 
my  mcflsage  firom  i?ir  George  liardey^ 

Carji^rae.  You  said  that  I  brought  a  ines- 
nigv,  that  air  George  Borcley  would  i^ee  him. 

ht  la  Hur,  I  du  not  say  so  ;  hut  I  iay  that 
yan  ttdd  Hr.  Porter  that  Mr.  CljurnofJc  sent 
foia  with  a  message  to  let  bim  know  thai  sir 
&■•.  Bardey  was  desiroui  to  see  Mr,  Porter, 
10  ooofer  about  taking  care  of  Iheniselvc^. 

Cmmkumt,  Did  ynu  hear  me  name  sir 
George  Barcley**  nnme  ? 

Sh  l»  Rmu.  'Ye»,  1  *ay  you  lolrl  Mr.  Porter 
Ikat  Mr.  C  ha  mock  md  you  caution  him  to  take 
tan  0l'hiimm^il\  and  that  he  wvM  go  tUcit  way, 
ftf  air  George  Barcley,  and  he,  ilesirtNJ  to  see 
kin  ;  wd  Mr.  Porter  said  it  was  an  uureaion* 
iMtlbingfor  Mr.  Gharnock  to  desire  it,  be- 
fittm  iba J  knew  ho  waa  under  cirotjmstancesi 
llittlfna  not  proper  lor  him  to  go,  and  he 
Mttdijud  th^y  would  not  rather  come  to  bim< 
L  C\  /»    nhu  lime  a-day  was  this  f 


k 


De  la  Rue,  Il  was  about  twelve  o^clock,  i 
think. 

L,  C.  /.  Waf  it  aAer  sacb  lime  as  the  newt 
was  hrotight  thai  the  king  did  not  go  abroad 

that  day  ? 

Jh  ia  Rue.  Yes,  my  k>rdy  il  wtm  aAer  that 
lime. 

Mr.  Phtpps,  Were  you  with  sir  George  Bar- 
cley  when  he  was  here  in  England?  jDid  yoii 
see  htm  here? 

De  /a  Rue.  I  did  nol  aee  him  on  this  aide 
oftbe  water.  1  knew  him  abroad,  and  a  great 
many  other  unfortunate  persons,  that  were 
coDoerued  in  this  aii'^ir  ;  1  knew  son»e  of  them 
here^  and  thot  ihey  were  concerned  in  the  de- 
sign, but  1  did  not  converse  with  many,  inde€4 
with  hut  a  very  few  about  it ;  for  to  shew  that 
J  was  not  a  man  that  defiigncd  to  trepan  or  en» 
snare  any  man,  1  did  never  exchange  two 
words  about  this  matter  with  any  porsonfi  that 
f  knew  were  eonoerned  in  it,  but  sir  William 
Parky  ns%  (and  that  lint  in  a  small  measure) 
and  Mr,  Chiurnockt  and  Mr.  Porter,  and  Mr, 
King,  and  colonel  Pnrker;  except  what  passed 
u|Kjn  the  2 2d,  between  Mr.  Porter  and  Mr, 
Charnock,  when  Mr.  Porter  sent  Mr.  Crou- 
burnc  to  Mr.  Charuock.  Mr,  Cranbiirne  was 
one  wlio  Mr.  Porter  oalted  his  quarter- master: 
I  know  thiB  gentleman  was  coiiimonly  depend- 
ing upon  Mr.  Porter,  but  J  think  I  never  was 
much  in  hit  com  pan  v ;  1  did  not  know  what 
dchign  be  bad  upon  hfm,  hut  I  was  told  by  Mr. 
Porter,  that  he  intended  to  make  him  hi^ 
quarter- master,  and  I  understood  Mr.  Porter 
was  to  have  a  tvoop  of  hur:ie  in  colonel  Parker's 
regiment 

Mr.  Phipp$,  Yon  say  you  knew  a  great 
many  of  litem  that  were  eoucerued,  but  yoti 
discourbeii  and  conversed  hut  witli  &  few  P 

I>c  la  Rue.    I  do  so.  Sir, 

Mr.  Phippi,  How  do  you  know  that  Ihey 
were  concerned,  when  you  did  not  dtsoourae 
with  ttjem  ? 

De  la  Rue.  By  information  from  Mr.  Char- 
nock  and  Mr.  Porter. 

Mr.  Phippt.  Do  you  krK*w  any  thing  mor« 
of  Mr.  Cranburne,  than  the  list,  and  what  you 
have  said  already  ? 

De  la  Rue.  I  give  you  an  account  of  aU 
that  1  do  know. 

L.  C.  X  Answer  that  particular  question. 
Do  you  know  nothing  moi-c  than  what  you 
have  said  ? 

De  la  Rue,  No,  my  lord,  1  do  not  remember 
nor  know  any  inor<?  aa  to  Mr.  Cr&nbume  thsn 
what  I  have  decbred,  artd  I  am  sorry  1  bad 
occasion  to  decfure  so  much. 

dit.  Gen*    Then  call  Mr.  Pendergrass. 

[Who  was  sworn.  1 

Sol,  Gen,  Pray  will  you  give  my  lord  and 
the  jury  an  account  of  what  you  know  of  the 
intended  assussinittion,  and  how  fur  Mr,  Cran- 
hurne,  the  prisoner  at  the  bar,  was  concerned 
in  it. 

Pendergrais.  My  lord,  the  13th  of  February 
last,  I  came  out  of  fiaitipshire,  Mr.  Porter  ^nt 
ibr  me  to  come  to  town^  and  j  met  hitu  tK%t 


^ 


855] 


8  WILLIAM  IIL 


day  At  the  Blue-Posts  in  Sprfogf-f(irden,  and 
there  he  told  me  of  the  assassinatiou  that  was 
to  l»e  d«>ne  on  Setunlay  tbilowing:  the  next 
day  we  dined  at  the  Kose-taTern,  where  the 

Erisoner  dined  with  us,  and  we  talked  of  the 
usiiiess ;  that  was  Friday  the  14th,  and  we 
were  to  be  in  readiness  the  next  dav  to  assas- 
sinate the  kingf,  as  he  was  coming  from  Elich- 
mond ;  but  some  oom|Niny  comme  in  after- 
wards, we  lef^  oflT  the  discourse,  and  talked  no 
more  that  nt({^ht.  The  next  day  that  we  were 
to  do  tlie  business,  we  met  at  the  Blue-Posts 
in  Sprinf^- garden,  and  findings  the  kinji^  did  not 
go  abroad  that  Saturday,  we  dined  there  at  the 
Blue-Ptuits,  and  talked  over  a^n  of  assassi- 
nating the  king,  and  the  priiioner  was  by  at  the 
same  time ;  tliey  were  aJI  mightily  conoemed 
the  kinff  did  not  go  that  Satunlay  ;  but  when 
we  liad  dined  there,  we  had  no  further  dis- 
course am»ut  the  assassination  that  day,  but 
every  body  was  to  prepare  against  the  next 
Saturday. 

L.  C.  J.  Was  that  agreed  upon  then  ? 
Pendergran.  Yes,  it  was  by  all  the  com- 
pany ;  so  we  parted  that  dsy.  8ome  time  the 
next  week  I  met  1^1  r.  Porter,  and  Mr.  porter 
asked  roe,  if  I  had  a  horseman's  .sword  ?  I 
told  him,  No :  says  he  to  Mr.  Cranbome,  Let 
capt.  Pendergrass  have  one  of  the  horsemen's 
awords  that  you  have  got.  8ays  Mr.  Cran- 
burne  to  me.  If  you  will  come  to  my  honse 
you  shall  make  choice  of  one  yourself,  for  I 
liave  several  at  home.  Said  I,  Mr.  Cranbume, 
1  cannot  go  that  way,  but  I  will  Uke  one  of 
your  choesing,  if  so  be  you  will  leave  it  at  my 
lodgings :  he  said  he  would  do  it,  and  did ;  he 
left  it  at  my  lodgingi  in  Suffolk-street,  which 
sword  I  have  still.  The  day  following  I  met 
him,  and  he  asked  roe  if  1  had  received  the 
sword  P  1  said,  I  had  it ;  and  he  said  it  was 
▼ery  well.  AAer  tliis,  I  did  not  see  Mr.  Cran • 
bunie  till  Saturday  the  S9d,  at  which  time  f 
came  to  Mr.  Porter's  lodgings  between  nine  and 
ten  o'clock  in  the  morning,  and  the  prisoner  at 
the  bar  was  there,  and  1  heard  Mr.  Porter  give 
him  a  message  to  go  to  sir  William  Parky  us 
for  some  honti'S,  1  know  not  how  many,  l^hc 
prinouer  went,  and  in  some  time  after  came 
twck  again,  and  brought  an  account  that  the 
king  went  out  that  Saturday  the  33d  to  Rich- 
mond ;  so  every  ho«ly  was  to  get  ready :  and 
I'Ir.  Cranbume  said,  that  Mr.  Cbamock  de- 
sired that  Mr.  Porter  would  send  a  Int  of  his 
-meu ;  upon  which  Mr.  Porter  wrote  a  list  of 
his  men,  and  gave  it  to  the  prisoner  to  carry  to 
Mr.  Cbarnock,  and  bid  him  meet  him  at  the 
Blue- Posts ;  and  Mr.  Porter,  and  Mr.  De  la 
Rue,  and  I,  took  coach,  and  went  down  to 
Spring- garden,  and  when  we  came  to  the  Blue- 
Posts,  there  were  some  persons  that  1  think 

Mr  I>e  la  Kue  had  an^iointed  to  come  there :  say  on  behalf  of  the  prisoner  in  this  rest 
the  tirisoner  comes  tnither,  and  brought  the  j  this :  Here  are  but  tliree  witnesses  prod 
list  back,  with  a  list  of  Mr.  Chamock's  men  ;  and  as  to  one  of  them,  De  la  Rue,  there 
underneath.  1  know  not  who  the  men  were,  i  evidence  that  he  ^ives  your  lordship  ai 
for  I  saw  it  only  on  tlie  one  side  of  the  table  in  jury  that  affects  this  matter,  but  only  that 
Mr.  Porter's  hand ;  at  the  same  time  the  pri- 
coiicr  brought  an  aocouuti  that  the  |^og  did 


Trial  of  Charles  Cranbume^ 

not  go  abroad  that  day,  and  presently  aft 
had  the  same  accoimt:  from  other  hands 
captain  Porter  and  I  went  cot  of  town,  a 
heard  no  more  of  it. 

£.  C.  J.  Are  you  sure  that  ht  did  ag 
this  matter  before  the  15tli  P 

Pendergrass,  Yes,  I  am  sore  of  it 
agreed  to  it  Fri«lay  the  14tli,  at  the  i 
tavern,  in  Oovent-garden. 

L.  C.J.  C>n  the  15th,  it  seems  they 
disappomted ;  are  you  sure  there  was  ao  i 
ment  to  pursue  it  the  22d  ? 

Pendergrass,  Yes,  1  am  sure  there  wa 
lord. 

L,  C.  J.   Was  the  prisoner  there  ? 

Pendergrass.  Yes,  my  lord,  I  am  sor 
the  prisoner  at  the  bar  wins  there. 

Crunbume,  Pray,  Mr.  PendetgraM, 
there  any  discourse  about  thia  thiog  w 
was  there  P 

Pendergrass,  Yes,  Mr.  CranburiM,  yoi 
not  hot  remember  there  was. 

Cranbume,  What  hour  did  I  come  1 
pray.  Sir .? 

Pendergrass,  Truly,  1  cannot  be  potiti 
an  hour ;  but  you  were  there  while  thi 
course  was. 

Cranbume,  Whether  I  did  stay  thi 
the  while,  and  who  was  in  the  company! 

Pendergrahs,  All  ■  the  company  bnil 
about  six  o'clock ;  there  was  Mr.  King, 
Porter,  Mr.  Kendrtok,  Mr.  Cranbume, 
Keyes,  and  myself. 

Cranbume.  Was  Kendrick  there  wl 
was  there  ? 

Pendergrass.    Yes,  I  am  sure  of  it ; 
do  you  all  the  justice  in  the  world  that  I  • 

Sir  B,  Shower.  You  say.  Sir,  he  did 
upon  the  14th  to  this  desigti ;  pruy  what  ^ 
did  he  use  ? 

Pendergrass.  He  did  agree  that  we  s 
attack  the  king  the  next  day. 

Sir  B.  Shotcer.  Pray,  Sir,  if  yon  ca 
collect  yourself,  what  did  the  prisoner  as 
whether  you  took  him  to  agree  liy  being  si 

Pendergrass.  He  said,  he  hoped  we  s 
execute  our  business  the  next  day. 

L.  C  J.    What  day  was  that  r 

Pendergrass.  That  was  the  14th  of  F 
ary,  and  the  same  night  I  gave  account  c 
matter  to  my  lord  Purtlaud. 

Mr.  Phipps.  Did  he  agree  to  be  one  I 
execution  of  the  design  ? 

Pendergrass.  Yes,  he  did  ;  he  disoo 
the  matter  to  me  himself. 

Att.  Gen.  My  lord,  we  have  done  wit 
evidence. 

L.  C.  J.  Well,  then,  what  say  you  to 
the  prisoner  ? 

Sir  B.  Shower.    My  lord,  what  we  hi 


was  a  list  given  by  capt.  Porter,  and  o 
the  prisoner  to  Mr.  Charaock,  and  te  br 


for  High  Treason. 

b.    Bat  he  does  not  recollect,  nor 
oy  ineMage  that  was  sent  from  Purter 


A.  D.  1696. 


[S5S 


to  Mr.  'Chamock  :  now,  m  v 
bare  carrying  of  a  note  of  names  will 
idenoe  of  treason.  Mr.  De  la  Rue 
iwear  to  any  privity  of  the  prisoner, 
list  was  for,  nor  to  the  delivery  of  the 
h  is  the  overt-act  in  the  indictment ; 
what  account  this  list  was  written,  or 
coaght  hick  again,  or  any  word  that 
1  from  captain  Porter  to  him  upon 
e  list,  or  any  word  when  it  was  brought 
in.  So  that  as  to  De  la  Rue's  tasti- 
e  must  submit  it  to  the  memories  and 
un  of  your  lordship  and  the  juiy ;  we 
only  proves  a  plot  in  general,  of  which 
lo  peradventure,  every  body  is  satisfied 
re  was  such  a  hornble  conspiracy : 
It  have  been  condemned  and  executed 
sve  owned  it,  and  so  it  can  never  be 
;  but  he  does  not  say  any  thing  to  af- 

pnsoner  at  the  bar;   for  as  to  the 

of  healths,  and  being  presant  when 
alths  were  drunk,  though  it  be  an  evi- 
'  disaffection  to  the  government,  or  too 
kmI  manners  and  complaisance  to  the 
f  a  man  is  in ;  yet  that  disaffectk>n,  or 
iper,  or  complaisance,  we  hope  are  no 
s  of  treason.  It  is  plain  the  prisoner 
od  very  much  upon  captain  Porter ;  he 
rath  bis  servant  to  go  of  his  errands. 
Beted  an  office  from  him,  God  knows 
Mit  it  does  not  appear  by  any  particular 
hat  he  did  any  tbmg  that  can  be  treason, 
r.  De  la  Rue's  evidence.  Then,  as  to 
r.  Pendergrass  says,  I  must  confess  his 
t  comes  home :  for  he  says  there  was  a 
of  tlie  assassination,  and  some  agree- 
'ibe  prisoner  to  it ;  but  I  must  beg  your 
1^  favour  to  observe,  upon  Mr.  Pender- 
cvidence,  if  that  stand  akine,  it  will  be 

witness,  and  then  we  are  safe  by  the 
'  of  this  act  of  parliament. 

/.  Ay,  and  by  the  law,  before  the 
of  that  act. 

.  Shower.  Then,  as  to  capt.  Porter,  I 
pg  leave  to  say,  if  our  witnesses  are 
lat  were  absent  at  the  other  trial,  and 
>ve  what  is  in  my  instructions,  it  will 

much  questionable,  whether  theve  be 
idibiiity  due  to  his  testimony :  then  if 
£  off  nis  testimony,  there  is  only  the 
e  of  >lr.  Penderrrass ;  and  if  he  be  to 
fed,  to  which  I  nave  nothing^  to  say  at 

in  the  case  of  a  man's  life,  upon  an  in- 
t  of  treason,  where  the  law  requires  two 
witnesses,  his  single  testimony  is  not 
It  to  convict  the  prisoner.     We 

call  our  witnesses,  and  then  we  shi 
lo  your  lordship,  and  the  jury. 
Phipp*  A%  to  the  particular  overt- act 
he  in«lictnicnt,  ihe  carrying  about  the 
y  Mr.  De  la  Hue  speaks  to  it,  and  sir 
MDCW  Shower  has  gif  en  it  an  answer, 
laH  not  repeat  it. 

/.  Ijtok  y  e,  for  that,  if  any  one  overt- 
ovcd  by  2  witnefses,  it  is  well  enough. 

XIII. 


Sol.  Gen.  Besides,  they  mistake,  my  lord, 
extremely ;  for  captain  Porter  and  Mr.  Pen- 
dergrass  speak  both  of  them  to  that  particular 
as  tothe^ist. 

Sit  B.  Shower.  Wedonot  deny  it;  the  ques- 
tion is,  Whether  you  have  two  credible  wit- 
nesses ? 

Cranhurne.  Pray,  Mr.  Penderj^rass,  do  you 
remember  what  daptain  Porter  said  to  you,  and 
I,  when  we  came  down  to  the  Blue-Posts, 
leaning  upon  the  rail  ? 

Pendergrat$.    Indeed,  Sir,  1  do  not. 

Cranburne.  I  would  have  you  recollect 
yourself;  as  we  stood  against  the  rails  in 
Spring-garden,  when  we  came  down  from  the 
Blue-Posts,  after  the  design  miscarried,  Mr. 
Porter  said,  Mr.  Chamock  and  they  might 
thank  themselves  if  it  were  discovered;  *  For,' 
savs  he,  *  I  never  communicated  a  word  of  this 
*  thing  to  any  of  my  party.' 

Pendergrass.  indeed,  I  do  not  remember  a 
word  of  it.  Sir. 

Mr.  Phipps.  My  lord,  we  have  one  piece  of 
evidence  to  offer  against  the  testimony  of  cap- 
tain Porter:  he  says,  that  he  sent  Cranburne 
vrith  Gunn  from  the  Cock- pit  to  see  for  hackney 
horses,  and  that  Cranburne  came  to  him  to  the 
Sun  tavern,  and  there  they  had  some  discourse 
about  executing  the  design  the  next  day ;  and 
being  asked,  who  was  by,  when  he  communi- 
cated the  design  to  Cranburne?  and  partica- 
larly,  whether  Mr.  Gunn  was  by?  He  says  he 
came  in  afterwards,  hut  was  not  there  at  the 
time  of  the  communication  about  the  design. 
Now  we  shall  prove  that  Gunn  came  in  with 
the  prisoner,  and  was  with  him  all  the  time, 
and  there  was  no  such  discourse  happened. 

Sir  B.  Shower.  Call  Jeffery  Gunn,  and  Mary 
Gerrard.  [They  appeared/l  Your  lordship 
will  observe,  what  captain  Porter  swore,  that 
be  went  into  the  room  to  Cranburne,  and  Gunn 
was  not  there :  now,  if  we  falsify  him  in  that 
particular,  we  shall  submit  to  your  lonlship 
now  far  he  is  to  be  believed  iu  the  rest. 

Att.  Gen.  Pray,  sir  Bartholomew,  ask  your 
witnesses  what  you  will,  but  make  no  descants 
upon  their  evidence  till  you  have  heard  them. 

Then  the  two  Witnesses  were  sworn. 

L.  C.  J.  Well,  look  ye,  you  are  both  upon 
your  oaths,  consider  what  \ou  say,  speak  the 
truth,  and  tell  all  that  you  know,  and  nothing 
but  the  truth.    Which  do  you  begin  with  ? 

3Ir.  Phipps.  Jeffery  Gunn— Pray  Mr.  Gunn, 
did  you  go  to  the  Sun-tavern  at  any  time  with 
Mr.  Cranburne? — Gunn.  Yes,  I  did. 

Mr.  Phinps.  What  day  of  the  month  was  it? 

Gunn.  1  cannot  positively  tell  the  day,  it  was 
of  a  Friday. 

Sir  J5.  Shower.  Was  it  of  a  Friday,  in  Fe- 
brua»-y,  or  January  ? 

Gunn.    It  was  lu  February. 

Mr.  Phipps.  Was  it  before  the  plot  broke 
out? — Gunn.  Yes,  it  was. 

Mr.  Phipps.  How  long  was  it  before  the  plot 
broke  out  ? — Gunn.    I  cannot  tell  that,  truly. 

Mr.  Phippi.   Whence  did  you  go  ? 
8 


»55] 


8  WILLIAM  III. 


I 


I 


day  a  I  the  Blue- Pastil  in  Kpiing-^rden,  and 
thi^re  litf  toM  me  nf  the  HssFLs&itmlion  that  was 
III  he  iUn\f  on  JSnlnniay  ttil]n«vtu|^ :  tLj?  licxt 
tlav  we  i\\nei\  al  the  K<>«e-tiiveni,  wliere  the 
prisoiier  iHi*€tl  wiib  us,  ainl  we  talked  of  tt*e 
buiii liens ;  that  was  Friday  tUe  Htb,  and  we 
VtCFv  lo  be  iu  readioes^  the  iiext  dav  to  ausa^- 
ainale  the  king",  ai  he  was  comities  fit»ni  lUch- 
niotfd  ;  but  some  cniii|mTij  coming  m  after- 
wuntij«  we  left  utT  the  di^couiiKC,  and  latked  no 
more  that  nigliL  The  iiejtt  day  that  wc  were 
to  do  lire  husiness,  we  met  iit  the  Blue*PiJst?i 
in  Spring- £;iirden,  and  Hndirig  tltt^  kiu^  did  not 
(f  0  abroad  that  Salurduy,  \^e  dined  there  at  the 
Bloe*r«i»tii|  and  talked  over  aiTain  of  assas^i* 
Haling'  the  kioqr%  and  the  prisoner  was  hy  at  the 
liamc  tune;  they  were  uU  mightily  concerned 
the  kiog  did  not  i^o  thai  Satnnlav  ;  bnt  wh«r^n 
we  iiail  dined  there,  we  had  no  further  dis* 
loutse  uiniut  the  assassination  that  day,  but 
pvcry  bmly  was  lo  prepare  og^aitist  tJie  ntixt 
8atui^ay* 

L,  C'  /♦    Was  that  agreed  upon  then  ? 

Pendrrgniss.  Ye»,  it  was  hy  aU  the  coiti- 
fany  ;  so  we  parted  thai  day.  home  time  the 
next  week  I  met  Mr.  Porter,  and  Mr.  Poner 
asked  nie,  if  I  had  a  hortwman^s  iwmd  ?  1 
told  liim,  No:  says  he  to  Mr.  Cranhunie,  Let 
<"ajil.  Peridergrass  have  one  of  the  horhemen's 
KWonh  tliat  you  hin^e  §ot.  t^aya  Mr,  Cran- 
liinie  to  me.  If  you  will  cnme  to  my  honse 
V«>u  shulJ  umke  choice  of  one  yourself,  tnr  I 
haveaeveral  at  home.  Said  I,  iVlr.  Cranburne, 
i  caiHiot  go  that  way,  but  I  will  take  one  of 

?'Oiir  cb<Miaingr^  if  ao  be  you  will  leave  it  at  my 
wlgin^ :  he  said  he  would  ilo  it,  and  did ;  be 
left  it  at  my  lod^ng^  iii  Huflblk -street,  which 
aMord  I  have  stilL  The  day  fotUnvitig  I  met 
him,  and  he  asked  nie  if  I  had  received  the 
fword?  I  said,  I  had  it;  and  he  said  it  H-as 
Tery  welL  AlWriliis,  t  did  not  see  Mr.  Crau- 
hume  till  baturduy  the  3'Jd,  at  which  time  I 
came  to  Mr.  Porter's  lud^gings  between  nine  and 
ten  o'clock  in  the  mominjr,  and  the  prisoner  at 


Trial  of  Charles  Crmnbume^ 

not  ^  abroad  that  day,  and  presently  after  i 
had  the  same  account  from  other  bvida  ;  as 
captain  Porter  and  I  weat  out  of  town,  and^ 
heant  no  more  of  it, 

L.  C.  J.  Are  you  sure  that  he  did  agree 
thia  mailer  before  the  15th  ? 

Pendergrau,  Yes,  1  am  sore  of  it ;  I 
agreed  to  it  Friday  the  I4ih,  at  the  Rot 
tavern,  in  Co  vent -garden. 

L.  C.J.    (In  the  ISUi,  it  aeenid  they 
disap^ioinied  ;  are  you  sure  there  was  an  agif 
meat  to  pursue  it  the  22d  ? 

F4ndcrgrau,  Y  es,  1  atu  sure  there  waa^ 
lonl. 

X.  C.  J.    Was  the  prisoner  there  ? 

Fendergrati,    Yea,  my  lord,  I  an 
the  prta«nicr  at  the  bar  was  there. 

Crunlurne,     Pray,  Mr,   Pentlerirraas. 
there  any  discourse  about  this  thing 
was  there? 

Fender  grass*  Yes,  Mr.  Cranburtie,  y* 
not  bat  remember  there  was. 

Cran6urae>     What  hour  did  f  come  ll 
pmy,  Sir  f 

Fendergrau,  Truly,  1  cannot  be  posittre 
an  hour ;  but  you  were  there  while  ibe  <f 
course  was. 

Cranlmnte.  Whether  I  did  itay  there 
the  while,  and  whfi  was  in  the  company  ? 

Fender gra^i,     AH   the  company   broke 
about  hix  oVlock;  there  was  Mr.  King-,  cm 
Purler,   Mr.  Kendrtc^lc,    Mr.  Cranburne,   I 
Key es ,  a  n  d  m  )'feel  f . 

Cranburne.  Was  Kcodrick  there  when 
was  ihei-e? 

F aider grau.    Yea,  I  am  sure  of  it ;  1 
do  you  all  the  justice  in  the  world  that  1  cj 

J^ir  B.  Shmeer.    You  say,  8ir,  he  did 
upon  the  14lh  to  this  desigu  ;  pray  w 
did  he  use  f 

Fender  grass,     ITe  did  a^ree  that  we 
attack  the  kin**-  ilic  next  day. 

Sir  B.  Shower.     Pray,  Sir,   if  you 
c«dlect  yourself,  what  did  the  nriiioner 


the  bar  ssas  there,  and  1  hearil  Blr,  Porter  give    whether  you  touk  him  to  agree  by  being 


him  a  messat,'*?  tu  go  to  sir  Wilham  Parkvns 
for  some  hurbi%,  I  know  not  how  many.  "the. 
pritioner  went,  and  in  some  time  alter  came 
iMck  again,  and  bri^uj^bt  an  account  th^t  the 
kiug  went  out  I  hat  Saturday  the  Qad  i<j  Rich- 
mond ;  so  every  InHly  was  lo  gut  ready :  and 
^r.  Cranburne  i^aid,  that  Mr,  Cliarm>ck  de< 
Hired  thai  Mr.  Purler  w*nild  send  a  list  of  his 
ineu  ;  u|»on  which  Mr.  Porler  wrote  a  list  of  | 
htii  %x\e\\  Bud  gave  it  to  the  prisoner  to  carry  to 
Mr.  Charnock,  antt  bid  him  meet  hini  at  the  I 
Blue-Po«ts;  and  Mr,  Porter,  and  Mr.  De  la  ' 
Rue,  atid  I,  took  coach,  and  went  down  to 
{»priDg-gpirdeu,and  when  we  came  to  the  Blye- 
Posts,  tlieie  were  son^e  persons  that  1  think 
Mr  Dc  la  Rue  had  appointed  lo  come  itiere 


Fender gntu.     He  said,  he  hoped  we  si 
execute  our  hintiuL-s^  the  next  day. 

X.  C  X    What  day  was  that  ? 

Fendergraii.    Tliat  was  the  14th  of  Febr 
ary,  and  the  same  night  1  gave  account  of 
matter  to  my  lord  Purtland. 

Mr.  Fhippi    Did  he  agree  lo  he  one  io 
execution  ot  the  design  ? 

Fender  grass.    Yes,  he  did  j  he  disooti 
the  matter  to  me  himself. 

Ait,  Gen.    My  lord,  we  have  done  with^ 
evidence, 

L.  C.  J.    Well,  then,  what  say  you  to  it 
the  prisoner  ? 

Sir  B.  Sh oner.    My  lortl,  what  we  hare 
say  on  btdtalf  of  the  prisoner  in  this  respect 


the  [prisoner  corner  thither,  and  brought  the  j  this  :  Here  are  but  tiiree  witnesses  prodtii 


ha  back,  with  a  liiit  of  Mr.  Charnock  s  men 
underneath.     1  kuovv  nol  who  the  Dien  were,  i 
for  I  saw  it  only  on  the  one  «ide  of  the  table  in 


and  aa  lo  one  of  them,  De  la  Rue,  ibere  is 
evidence  that  he  gives  yuur  lordship  and  1 
ury  that  utfecis  this  matter,  but  only  that  tbi 


Mr,  Porter's  hand  ;  ^t  ijjc  saciie  time  the  pn*  1  was  a  list  given  by  capt«  Porter,  aud  carried 
foncr  brought  an  accouut,  thai  the  |^og  did  ,  the  prii^iner  to  Mr-  Charoock,  and  so  brat^ 


w 


Jur  High  Trtaion. 


bthit\ 


EiorQpon 


a^fn.  But  he  doe«  uot  recollect,  nor 
T  to  aoy  message  that  was  sent  from  Purler 
the  prtsooer  to  Mr.  'Chamock :  now,  my 
|fcrd,  tJie  ban  earning  of  a  note  of  names  will 
lie  ixi  evideoce  of  trt^sott.  Air.  De  la  Rue 
iMn  swesr  to  any  priyity  of  tiie  prisoner, 
the  lis»t  wnA  foi\  nor  to  ihe  delivery  of  tbe 
t,  which  is  the  overt-act  in  the  imiictment ; 
what  account  this  list  was  wrjittn,  or 
;,  or  brought  buck  aj^ptin,  or  any  wont  that 
'ed  from  captain  Porter  to  bini  upon 
the  list,  or  any  word  when  it  was  brought 
ftgain.  So  that  as  to  De  la  Uue^s  testi- 
1MDT,  we  tmiist  sn limit  it  to  the  roeftiones  and 
leooilectton  of  your  lordship  and  the  jury  ;  we 
tbiak  he  ooly  profesa  plot  in  general,  ot  wlitcb 
Ibffe  is  no  pcradienture,  every  body  is  salii^fied 
1^1  there  was  sncb  a  bornble  conspiracy  : 
thoK  that  hate  been  condemned  and  escectUed 
^il^  have  owneti  it«  and  so  it  can  never  be 
4ouiiUnl ;  but  he  does  not  ^ay  auv  thing  to  af- 
hX  ibe  prisoner  at  the  bar ;  for  as  to  the 
i^Amis  of  healths,  and  betn^  present  when 
tbMt])«alihswere  drunk,  ihough  it  be  an  evi- 
Iao0  of  disaffection  to  the  jrovemment,  or  ton 
tndi  good  manners  and  complaisance  to  tbe 
tmffV^y  a  man  is  in  ;  ^et  that  disatTecttoo,  or 
^fdimper,  or  coneiplaisance,  ue  hope  are  no 
tfiieooea  of  treason.  It  is  plain  the  prisoner 
44 Impend  very  much  upon  captain  Porter  j  he 
»u  in  truth  his  servant  to  go  of  his  erranils* 
ind  e3rpecie«i  an  office  from  him,  God  knows 
tbni;  but  it  does  not  appear  by  any  particular 
lavHuthai  he  did  any  thing  that  can  lie  treason, 
span  Mr.  De  la  Uue*s  evidence.  Then,  as  to 
WA  Hr,  Pender;; rass  says,  I  must  confess  his 
^bec  <?onies  home  :  tor  he  stivs  there  was  a 
^1^  of  the  assassination,  ami  some  agree- 
MHI«f  th4^  prisoner  to  it ;  but  I  must  beg  your 
MiUp's  favour  to  observe,  upon  Mr,  Pender- 
linrMli  eridcDce,  if  that  stand  alone^  it  will  he 
mime  witness,   and  then  we  are  safe  by  tbe 

Ifonifvr  of  this  act  of  parliament, 
L,  €.  X  Ay,  and  by  the  lavv^  before  the 
^ikiaof  of  that  act. 
Sit  U.  Shirmer,  Then,  as  to  ca|»t.  Porter,  ] 
lioat  beg^  leave  to  say,  if  our  witnesses  are 
cooie  that  were  absent  at  the  oihtr  trials  and 
Ik^  prove  what  is  in  my  instruclions,  it  will 
Ve  very  much  questionable,  whether  there  be 
lay  credibility  due  to  his  teitimony :  then  if 
jou  lake  off  his  testimony,  there  is  only  the 
tridcoc^  of  Mr,  Penderpass ;  and  if  lie  he  to 
be  beheyed,  to  which  I  have  nothing  to  say  at 
proent^  in  the  case  of  a  man*8  life,  upon  an  in- 

(ifltonent  of  treason,  where  the  law  requires  two 
Qiilble  witnesses,  hts  single  testimony  is  not 
■fieieot  til  convict  the  prisoner.  We  beg 
ktve  to  call  our  witnesses,  and  then  we  shall 
lave  '  •     r  lordship,  and  the  jury. 

II  As  to  tlie  particular  overt-act 

Wi**...v  ■' '  nt,  1  he  carrying  about  the 

bl«  only  t  [iue  speaks  to  it,  and  sir 

navtSioliiiu.  er  has  given  it  an  answer, 

lad  I  that]  not  repeat  it. 

L  C  J   bx>k  3  e,  for  that,  if  any  one  overt- 
tct  n  proved  by  2  mtueiiet,  it  ii  \vetl  enough. 
^OL.  XIII. 


f 


SoL  Oen.  Besides,  they  mistake,  ray  lord, 
extremely  ;  for  captain  Porter  and  Mr.  Pea- 
dergrass  speak  both  of  them  to  that  partlcoJar 
as  toihe^ist. 

Sir  B.5Aoarr.  We  do  not  deny  it;  the  ques- 
tion is,  Whether  you  have  two  credible  wit- 
nesses ? 

Cranhurne.  Pray,  Mr.  Pendergrass,  do  you 
remember  what  (Captain  Porter  said  to  you,  and 
I,  when  we  came  flown  to  the  IMue-Pofit9, 
leaning  upon  the  rail  ? 

Fcndergrau.    Indeed,  Sir,  1  do  not. 

Cranburne.  I  would  have  you  recollect 
yourself;  as  we  stood  against  the  rails  in 
Spring-garden,  when  wc  came  down  from  the 
Blue* Posts,  after  the  design  miscuriicd,  Mr. 
Porter  said,  Mr.  Charnntk  and  ihey  might 
thank  themselves  if  it  wire  discovered ;  *  For,* 
says  he»  *  I  never  communicated  a  word  of  Ihia 
*  thing  to  any  of  my  piirty.' 

Pendcrgrass.  Indeed,  I  do  not  remeniber  a 
word  of  it,  Sir. 

Mr.  Phipp$.  My  lord,  we  ha?«  one  piece  of 
evidetice  to  offer  against  the  testimony  of  itap» 
tain  Porter:  he  sa}%  that  he  sent  Cranlmrue 
with  Gnnn  from  the  Cock-pit  to  see  fur  hackney 
horses,  and  that  Cranburne  cnme  to  him  to  the 
8un  tavern,  and  there  they  had  some  discourse 
about  executing  the  design  the  next  day ;  and 
being  asked,  who  was  by,  when  he  Cjommuni- 
eated  the  design  to  Cranburne?  and  particu- 
larly, ivhether  Mr.  Gunn  was  by  ?  He  says  he 
came  in  afterwards,  hut  was  not  there  at  the 
time  of  the  communication  about  the  desj|fn. 
Now  we  shall  prove  that  Gunn  came  in  with 
the  [irisfmer,  and  was  with  him  all  tbe  time^ 
and  there  was  no  such  discourse  happened. 

Sir  B.  Sihower,  Call  Jeffery  Gunn,  and  Mary 
Gerrard,  [They  appeared."]  Your  lordship 
will  observe,  what  captain  Porter  swore,  that 
he  went  into  the  room  to  Cranburne,  and  Gunu 
was  not  there :  now,  if  we  falsify  him  iti  that 
particular,  we  shall  submit  to  your  iortlsbip 
liow  far  he  is  to  be  believed  lu  the  rest. 

Att.  Gen,  Pray,  sir  Bartholomew,  askyom* 
witnesses  what  you  will,  but  make  no  descants 
upon  their  evidence  till  you  have  heard  them. 

Then  the  two  Witnesses  were  sworn. 

X.  C.  X  Wetl,  look  ye,  you  are  both  upon 
your  oaths,  cousider  what  you  say «  speak  the 
irmh,  and  tell  all  that  you  Icnow,  and  Dothiug 
but  tike  truth.     Which  ito  you  begin  with  ? 

Mr.  Fhipps.  Jeffcry  Gunn — Pray  Mr  Gunn, 
did  you  go  to  the  Hun-lavprn  at  any  lime  with 
Mr.  Cranburne? — Gunn.  Yes,  I  did^ 

Mr,  Fkippi.  What  day  of  the  mouth  was  UP 
Gunn,  1  cannot  positively  tell  the  day»  it  was 
of  a  Friday- 
Sir  B,  Shower.    Was  it  of  a  Friday,  in  Fe- 
brua'-y,  or  January  ? 

GuHH.    It  was  m  February', 
3Ir,  Ffiipps.    Wan  it  before  the  plot  broke 
out? — Gunn,  Yi^s,  it  was, 

Mr,  Fhippi.  How  long  was  it  before  the  plot 
broke  out  ? — Gunn,    I  cannot  tell  ihat^  truly* 
Mr.  Phippt,   Whence  did  you  go  f 


859]  8  WILUAM  HI. 

Gunn,  I  WB9  at  the  Cock-pH,  and  I  went 
from  thence  to  the  Sun-tavern. 

Sir  B»  Shower.  Whom  did  joa  meet  there? 

Gunn,   I  saw  captain  Porter  there. 

Sir  JB.  Shower.    What  room  were  yon  in  ? 

Gunn.  We  went  mto  a  room  next  the  street. 

^^ir  B.  Shower.   Who  was  there  with  you  ? 

Gunn.  There  was  Mr.  Cranburne,  and  I, 
and  Mr.  Keyes. 

Sir  B.  Shower.  How  longp  was  it  belbre  BIr. 
Porter  came  in  to  you  ? 

Gunn.  He  came  in  about  half  a  qnartm-  of 
an  hour  after  I  was  there. 

Sir  B.  Shower.  Were  you  there  from  the  be- 
ginningr  till  Mr.  Cranbnmc  went  away? 

Gunn.  Mr.  Cranburne  and  I  went  from  the 
Cook -pit  together. 

Sir  J^.  Shower.  How  long  did  yon  stay  there  ? 

Gunn.    1  was  there  about  an  hour  and  a  half. 

Sir  B.  Shinocr.  Were  you  out  of  the  room 
at  all  in  that  time  ? 

Gunn.   Yes,  1  was  out  of  tlic  room  once. 

Sir  B,  Shower,  How  long  were  you  out  of 
the  room  ? 

Gunn.    1  went  home  to  my  lodging. 

Sir  jB.  Shower.  Were  you  ever  with  Mr. 
Cranburne  at  the  Sun -tavern  at  any,  time  be- 
sides tftis  ? — Gunn.  Never  in  my  life. 

^  Sir  Ik  Shower.  Whom  did  you  leave  with 
him  when  yon  went  out  ? 

Gunn,  Captain  Porter  and  Mr.  Keys,  aa  I 
remember. 

Sir  B.  Shower.  Were  you  there  before  cap- 
tain Porter  came  to  him  f 

Gunn.  I  was  with  Mr.  Cranburne,  and  cap- 
tain Porter  came  in  about  a  quarter  of  an  hour 
afler ;  we  came  from  the  Cock- pit  together. 

Sir  B.  Shower.  Vny  recollect  yourself,  and 
tell  us  upon  your  oath,  Were  you  there  when 
captain  Porter  came  in  ? 

Gunn.  Yes,  I  think  I  was  there  uLen  capt. 
Porter  caiue  in. 

Sir  B.  Shower.    Did  you  go  and  leave  him 
there  ? 
'  Gunn.    We  went  all  out  together.     I  was 
there  about  an  hour  and  a  half. 

L.  C.  J.  Nay,  but  you  said  you  were  absent 
some  time. 

Gunn.    I  went  home,  and  came  back  again. 

Sir  B.  Shower.  When  you  went  home,  did 
you  leave  Mr.  Cranburne  behind  you  ? 

Gunn.    Yes,  1  think  so. 

Mr.  Phipps.  Did  you  leave  captain  Porter 
with  him  ? 

Gunn.  I  think  captain  Porter  was  with  him 
then. 

Mr.  Phipps.  But,  upon  your  oath,  was  you 
in  company  with  Mr.  Cranburne  at  the  Sun- 
tavern,  wlien  captain  Porter  came  first  in  ? 

Gunn.  Captain  Porter  went  in  and  out  se- 
veral times. 

Sir  B.  Shower.  Did  you  see  captain  Porter 
before  you  went  to  your  own  house? 

Gunn.    Yes,  sure.  x 

Mr.  Phipps.  Then  it  cannot  be  true  what 
Mr.  Porter  says,  that  Gunn  did  not  come  la  till 
aflerwards. 


2'rial  of  Charles  Cranhume^ 

Att,  Gen.  Now,  Mr.  Gunn,  1 1 
a  question  or  two  first,.  Were  yov 
while  that  Mr.  Cranburne  was 
you  go  home  ? — Gt^iin.    I  went  I 

Att.  Gen.  Did  yon  come  ^k 

Gunn.  Yes,  1  went  home  and 
tuab. 

Att.  Gen,  How  long  were  you 

Gunn.  I  came  back  in  half  a 
hour. 

Att.  Gen.   How  far  is  it  to  yoi 

Gunn,   It  is  not  above  100  yar 

Sir  B.  iSAoiver.  Did  Mr.  Porte 
you  before  you  went  home,  w 
came  in  with  Cranburne  ? 

Gunn,  He  came  in  after  we 
room. 

Mr.  Phipps.  Captain  Porters 
came  into  the  room  Gunn  was  no 

L.  C,  J.  He  did  not  say  positi 
he  rcniembereil ;  now  I  would  asl 
tion  or  two. 

Sir  B.  Shower.  Pray,  mj  lord, 
from  this  evidence  is  this  :  Ct 
says,  that  upon  Friday  the  2tst  ol 
was  with  Cranbnme  at  the  Sun-ts 
of  one  room  into  another ;  he  < 
Cranburne,  and  talked  with  him  n 
ami  after  that  Gunn  came  into  th 
the  communication  was  over:  i 
swears  he  went  from  the  Cock- 
Cranburne,  he  was  with  him  in 
first  when  captain  Porter  came 
afterwards  he  went  to  his  own  he 
captain  Porter  with  Mr.  CraQ!)ur 
back  again,  and  they  came  aw; 
now,  we  Ktiy,  these  two  are  incc 
captain  Porter  swears  that  Gunn  i 
till  alter  the  cominuntcation  was  < 

L.  C.  J.   As  he  remembers. 

Mr.  Phipps.  Nay,  I  think  he 
he  came  in  afterwards. 

L.  C.  J,  As  I  remember,  he  \ 
tive ;  but  call  captain  Porter  yjjaii 

Mr.  Phipps,  When  you  cuir; 
year  house,  who  were  in  the  roon 

Gunn.  The  same  company  as 
as  I  remember. 

Mr.  Mountagiie.  Was  captain 
room*  when  you  came  back  ? 

Gunn.  Indeed  I  cannot  direct 
lieve  he  was. 

L.  C.  J.    Pray  observe  what 
snyaj  he  says,  captuin  Porter  can 
and  was  there  several  times  be: 
awav. 

Gunn.    Yes,  my  lord,  he  was 

L.  C.  J.  And  J  ou  were  absent 
bnt  were  you  there  some  time  I 
came  in  ? — Gunn.  Yes,  I  believe 

Tiien  Captain  Porter  cam 

Att.  Gen.  Look  \e,  captain  Pc 
that  man  there  ? — Porter.  Yes. 

Att.  Gen.  Pray  give  an  accoun 
know  of  that  man's  coming  in  tfl 
Sim-tavem. 


IBJ)  Jhr  High  Treusofu 

F^Ut,  I  came  several  times  out  of  m 
G«ofge  Barcley^s  room  into  UieirSf  and  to  tbe 
^of  my  retnembraoce,  Mr,  Cranl>ujne  wi» 
ilitn?  tyf^fore  HtuiD  came  in. 

'-.    D«  jau  rf?meo>ber  wljtnher 
:  ii4t  ^ou  went  out  of  sir  George 
^  riHitii  la  speaL  uiiti  ilr.  Cranhuroe, 
.    luj  was  tbere? 

/V*r/cr.  To  tUc  best  of  ray  remembrance  be 
*i*  not ;  to  the  k^it  of  my  remembrance,  Mr 
f-vtjm,  1  NHiv  Mr.  Cranburne  m  ibc  room  be- 
luic  yoii  V, -IS  iber*. 

hit  B.  Shnuer.  Did  yoo  not  order  Gutin  to 
fiome  Willi  bim  to  the  Sun-tavero  T 

Gorier.    Ve«,  8ir,  1  did. 

Sr  B.  Shof^cr,  Caouot  you  tell  whether  they 
«yM  logetiier  ? 

Fmi^r^  1  was  not  in  the  room  wheD  tbey 
WBtt  in  lifstf  but  to  tbc  best  of  my  ri^meni- 
bmctt  ba  itaiE  not  there  ivbeo  1  csme  in  the 
tatmw. 

LCmJ,  Now,  GuDD,  you  hear  h  hal  cap- 
Iti  Forter  iayi ;  before  you  went  awuy  lo 
fsirowti  boucc^did  Mr.  Porter  come  into  the 
mm  Id  you  P 

Oayrn.    Indeed,  my  lord,  (  am  not  poattjve,  I 

.Att.  Gen.  Neither  of  them  is  positive,  arwl 
iL  It  %  circumstaoce  not  very  material  ;** for  it 
Most  lia  waa  abseutt  imd  toen  the  diieouiae 
tiffbilMw 

JL  C  J.  No,  it  is  not  material,  but  you  see 
tfqtt  ft  itriet  est  a  mi  nation  what  it  comes  to, 

Sr  B.  Shower.    Th^y  ava  a^nrd  upon  it,  I 
,  tiO  b(!  positive  on  neither  side. 
9kippi*    Mr.  Ctacbtune,  pray  aak  Mrs. 
Itrtial  yoii  have  a  miud. 
'  Mrttc*    Pray  w  hat  do  you  kuow  of  ca^)- 
tib  Bof1er*fi  GTolng  out  in  disgui^«  and  wear- 
kfttlMm  \xmx  and  vixardii,  and  goiu^  upon  the 
b^toay,  ami  tuch  things  f 

Gtrrard.  I  kuow  not  what  Mr.  CrenUuroe 
Hftia      [41  which  tile  people  laughed,] 

Sir  B.  Skoucr.  It  is  no  laughing  matter, 
tkcn  a  loan  ii  upou  his  hte, 

X.  t-.  J,  No,  no,  lei  him  have  fair  play  ;  aa- 
mm  ikim  cjaesttun* 

C^^mk^me,  Bo  you  know  any  thing  of  your 
ttaitcr^a  go«Dg  abroud  in  ilbigiiiiiee  ? 

Q^rrmrd.  I  do  uoi  know  any  thing  of  my 
WnttfUt^B  foia^  upiin  the  highway. 

!LC,  J.    Did  hi*  go  uui  vinh  fizanh,  or  aiiy 

Cirrard.  1  never  saw  him  wear  a  vizard  or 
llbt  iMvrd  in  aiy  life,  but  he  had  «»uce  a  patdi 
IB  aftwn  l>e  waa  foi\;erl  lo  keep  out  ofrhe  way, 
11(011  tbe  account  of  the  Dog'taietn  liuMnej»& 
ia  Drury  ■  huie. 

Ilr.  Pkipf^$.  Bee  if  iMr.  Edward  Boucher  is 
hert.    [He  waii  caile«J,  but  did  not  appeun] 

%aB.SlwwtT,  CftU  Mra.  BurPm.  [Which 
tnadwittf  but  ibe  ^  uot  appear.] 

Hr.  FMppi.  la  William  Hardy  man  here  P 
(tfi^was  called,  but  did  not  ap|>ear.] 

Str  B,  Shauer,  Then  call  Simon  Dawfion, 
ltd  «e  bai c  done.    (WUkiU  waa  done.) 


A.  D.  lem. 


[1^69 


Cr^er.  They  are  all  called,  but  they  do  not 
appear. 

8ir  B.  Sko&cr.  My  lord,  we  rnunt  submit  it 
to  your  b>rdship^$  direct iotis,  upon  the  evidem;e 
thut  has  been  givi^n^  as  lo  the  croilibihty  of 
tliiiae  witiiai»!t^»and  whether  what  capt  Purler 
says,  and  wh^U  Gunu  says,  be  consistent;  so 
that  you  can  be  saii^tied  there  are  two  lawful 
credible  wituesaes  to  prove  any  overt- act, 

X.  C*  X  Yes,  aure ;  but  1  would  have  you 
debate  it,  il' you  believe  there  be  any  thioif 
in  it* 

8ir  B.  Shower*  I  subtoit  it  to  your  lordthip^a 
direclions. 

L.  Ci  /.  The  queaiioa  is,  Whether  1  should 
give  aoy  directions  at  all  ur  oo«  or  whether 
there  be  any  occasion  tor  it  ? 

Crajiburnc.  I  declare  thin  openly  l>efore  ihii 
honourable  court,  and  ao  muny  noblt^meo  aff 
are  here,  that  Mr.  IVrler  nrver  made  me  ac- 
quainted with  thU  design,  till  what  he  swore 
here. 

L.  C,J,  I  cannot  tell^  it  is  tworo  by  lire 
witnesses. 

Cranburnr,  I  do  declare,  though  capt.  Pea- 
dergraK«  says  he  dties  not  rememtier  il,  thai 
captain  Porter  did  decUre  iu  Bpring-gardee 
tbe  ^2d,  when  be  came  out  of  the  Blue-Po^ta 
by  the  rails,  If  this  <leiign  mi&carry,  sa^a  he, 
Mr.  Charnock  may  ihaok  himself:  for  T never 
oommunicated  this  secret  lo  any  of  my  friends. 

L,  C  J.  But  hark  ye,  do  you  conwder  what 
you  say,  If  this  drsigu  miscarry  ?  Pray  what 
design  wua  that? 

Cranburne,  He  never  oamtHl  any  thing  but 
the  design,  he  did  not  say  what  it  was. 

L.C.J.  But  why  were  yim  employ t*d  to 
carry  a  list  from  capiat u  Porter  to  Mr.  Cbar- 
uoclc,  and  lo  Uijig  a  \kt  back  again  froiu  bit|t 
to  captain  f^orter  r 

Cranhurnt.  I  did  carry  the  note,  but  tlieie 
was  nothing  mentioned  wfiai  the  list  was  for. 

L.  C.  J.  Then  you  wme  there  on  Friday 
the  Mlh,  and  thert  the  design  wait  propost^d  to 
assassinate  the  kiog  tbe  next  day,  and  you  en- 
gtiged  in  it. 

Crnnbume,    Not  a  word  of  it  true,  my  lord. 

X.  C\  J.  Ay,  but  Mr.  Peiidergm^  swt^rs 
it,  ami  that  you  were  hearty  in  the  matter,  and 
hoped  you  shoubl  do  your  bustnets  the  next 
day. 

Cranburne,  I  cannot  b^lp  it  if  he  does  swear 
it. 

L.  C.  X  Then  you  were  at  tbe  nieetiug  •! 
tbe  8uu- tavern,  the  'i  let. 

Crefi6ern«.  My  lord,  you  bear  what  Guoo 
aays. 

L.  C  J.  As  10  thai,  they  are  ueilher  of  i  hem 
posiitive;  but  you  did  iher«:  |iromise  uud  under- 
take tbe  matter,  that  captaui  Porter  is  pobitive 
in,  thai  it  wsis  ajriied  by  >  ou  all  to  do  it  tlie 
2£d;  and  Mr.  PetiderM-niss  Bays,  when  yiiti 
were  dUappointed  the  Ifiih,  you  all  agreed  to 
pursue  tbeiiume  deHitfu  tlie^aVimlay  following, 

Cran^em^.  My  l4»rd,  I  did  not  dine  at  tbrfS 
Bl ue- Posts  tbal  day. 

L.  C;.  J.    But  you  were  tbere  \  i  ibi&k^  Ukr 


S63] 


8  WILLIAM  m. 


Trial  of  CharUi  Cranhume^ 


deed,  Mr.  Penderpfrass  savi  you  came  in  after 
dinner,  and  ha\.d  some  steaks. 

Cranhume.  1  neVer  heard  directly  nor  in- 
directly of  this  design,  till  what  I  heard  them 
■wearliere. 

X.  C.  J.  Gentlemen  of  the  Jury,  You  do 
understand  tor  what  crime  this  prisoner  at  the 
bar  is  indicted :  it  is  for  higfh-treason,  in  de- 
siflpninc^  and  compassing  the  death  of  the  king, 
which  was  to  be  efft^ct^  by  an  assassination  in 
the  most  barbarous  and  wicked  manner,  that 
any  attempt  of  that  nature  can  possibly  be 
made,  being  to  surprise  the  king,  and  murder 
him  in  hia  coach. 

The  question,  gentlemen,  is.  Whether  this 
prisoner  be  gnilty  of  this  crime  or  no?  There 
nare  been  three  witnesses  produced  that  have 

B*?en  efidence  against  him,  captain  Porter, 
r.  De  la  Aue,  and  Mr.  Pendorgrass;  and 
tliey  do  all  tell  you  that  there  was  such  a  de- 
sign on  foot  to  assassinate  the  king,  as  he  came 
from  hunting  at  Richmond,  after  he  came  on 
this  side  the  water,  in  the  lane  between  Brent- 
ford and  Tumhatu -Green.  There  were  di?erse 
persons  engaged  in  this  design,  which  sir 
George  Raraley  was  come  from  France  to  pro- 
mote and  manage :  captain  Porter,  as  it  does 
appear  upon  his  evidence,  was  a  person  that 
was  principally  engaged,  and  at  that  time  was 
hearty  in  the  prosecution  of  it. 

As  to  Mr.  Cranhume,  captain  Porter  tells 
you  he  was  a  man  that  he  had  had  a  long  ac- 

Suaintauce  with,  and  hod  employed  him,  and 
esigncd  to  employ  him  as  an  oiRcer  under 
him,  in  case  a  revolution  happened,  which  it 
accms  about  that  time,  and  some  time  before 
it,  was  expected.    Captain  Porter  was  to  have 
been  a  captain,  and  1  think  he  designed  to  pro- 
mote Cranhume  to  be  his  quarter- master ;  and 
he  sent  him  to  buy  arms;  and  preparations 
were  made  for  that  business ;  but  that  is  not 
the  thing  that  we  are  now  upon ;  the  matter 
that  now  properly  falls  under  our  considera-  |  li 
tioD,  is  this :  the  coming  over  of  sir  George  j  i; 
Barclay,  the  latter  end  of  January,  or  the  l^- 
ginning  of  February  last ;  upon  which,   as  it 
seems,   Mr.  Porter  was  engaged ;  and  having 
an  interest  in  this  Cranhume,  and  there  being 
horses  to  be  furnished  to  attack  the  king  and 
his  guards  about  Turnliam-Green,  this  man, 
Cranburne,  was  a  person  thnt  was  engaged  to 
be  one  of  the  horsemen  that  were  to  make  the 
attack  \  and  he  tells  you  that  he  did  employ 
him  to  provide  horses* and  swords,  and  to  pre- 
pare tlie  pistuls;  and  that  he  did  engasfe  in  it, 
and  |>articularly  that  the  design  was  to  be  exe- 
cuted on  Satuitlay  the  15ili  of  February,  and 
that  he  was  then  ready  to  go  with  capt.  Porter ; 
but  on  that  Saturday  the  knig  did  not  go  abroad, 
whereby  the  design  was  disHppoinU*d  for  that 
time :  afterwards,  there  was  a  meeting  at  the 
Sun-tavera  in  the  Slraml,  where  he  met  with 
■ir  George  Barclcy,  and  others  of  them ;  and 
there  comes  to  that  tavern  Mr.  Cranhume  and 
otiiers,  and  they  were  in  anotlier  room,  and 
captain  Porter  says  he  came  to  them,  and  did 
discoune  sbout  pursuing  the  design  tbe  ^mty 


and  Cnabnmt 


next  day,  which  was  agreed, 

was  ready  to  go  the  next  day.  « 

Then  he  tells  you  further,  that  the  next  day 
being  Saturday  the  22d,  the  second  time  X\aX 
this  assassination  was  to  have  been  execoled, 
upon  the  desire  of  Mr.  Cbaraock,  who  war 
a  person  also  that  was  engaged  in  thii  de- 
sign, c*aptaiu  Porter  writes  a  list  of  the  mcD  ba 
could  bring,  and  sent  it  by  Cranburne  to  Char* 
nock ;  Cranhume  carries  the  list  to  Mr.  Chai^ 
nock,  and  brings  it  |tack  again  with  an  additioa 
of  tlie  oamcs  of  Mr.  Charaock's  men  nudm* 
neath. 

Mr.  De  la  Rue  is  called,  and  he  fweaia  W 
that  very  circumstance,  that  Mr.  Cranbont 
was  sent  by  captain  Porter  with  a  list  to  Mr. 
Chariiock,  and  brought  it  back  again  from  Mx: 
Charnock,  with  an  addition  of  other  namti. 

Then  Mr.  Pendergrass  telle  yon,  that  he  M 
with  this  Mr.  Cranburne,  the  prisoner  at  tkg 
bar,  the  14th  of  February,  and  Uiere  was  a  dii- 
oourse  of  going  in  pursuance  of  this  daaga  IIm 
next  day,  and  the  prisoner  agreed  to  it,  wbiob 
he  is  positive  in :  he  tells  you,  that  when  tbay 
were  disappointed  tbe  15th,  being  at  the  Dlw 
Posts,  they  then  agrreed  to  pursue  it  the.  aot 
Saturday ;  Cranburne  was  cue  of  them  Ihil 
agreed. 

Captain  Porter  and  De  la  Rue  inform  jm 
that  healths  were  drank  to  the  late  king,  aai 
the  late  queen,  and  the  prince  of  WaMs^  m 
they  calletl  him,  and  then  at  length,  ta  Jba 
concluding  health,  captain  Porter,  or  soma  tf 
them  in  the  company,  having  an  orange  iihil 
hand,  squeezed  it,  *and  drank  a  health  la  da 
squeezing  of  the  Rotten  Orange,  which  wH 

Idedged  by  all,  and  particularly  by  Mr.  Ciaa* 
Kirne,  as  is  proved  by  both  captain  Porter  aid 
De  la  Rue. 

So  that  now.  Gentlemen,  I  must  leave  it  li 
you,  whether  this  is  not  evidence  sufficieiitii 

1*»rove  this  man  guilty  of  the  treason  wheretf 
le  is  indicted,  that  is,  of  designing  and  in 


ing  the  assassination  of  the  king,  and  beidcO" 
gaged  as  a  party  to  execute  this  design,  inim- 
ever  there  was  an  opportunity. 

The  counsel  insist  upon  it,  on  the  behalf  of 
the  prisoner,  that  what  captain  Porter  myt  ii 
no  evidence :  in  the  first  place,  they  urge  thtf 
he  is  not  a  man  of  credit,  for  they  have  mm- 
tioncd  that  he  used  to  be  disguiseil.  and  wctr 
a  vizard  mask,  and  go  abroad  under  odd  cir* 
cumstauces,  and  therefore  his  reputation  tfaff 
hope  is  not  good  enough  to  make  liim  a  credible 
witness  aginst  the  prisoner :  now  the  prisoner^ 
witness  being  produced,  says  slie  uever  knew 
him  go  in  disguise,  or  wear  a  vizard  mask,  bil 


once  he  wore  a  patch,  because  he  was 
some  ill  circumstances  ationt  a  riot  in  Drury- 
lane ;  every  body  understands  what  the  mean- 
ing of  that  was,  his  drinkintr  of  healths  at  a  riotp 
ous  assembly,  upon  the  10th  of  June,  and  ha 
being  under  some  prosecution  for  that,  ooca" 
sioned  him  to  wear  that  disguise,  but  it  WM 
not  done  to  hinder  any  person,  or  do  any  mii* 
chief. 
But  then,  say  they,  he  ia  mistaktD  \m  Vk 


J&r  High  Treason, 

[iftdcfice,  of  the  meeting  at  the  Sun-taTern  the 

Sit  of  February,  the  day  before  the  last^  that 
•  de$i^  was  to  have  been  executeft^  for 
wtiarcas  he  says,  that  Gunn  Has  uot  tbere  u  hen 
hecune  lo  them,  yet  Gudii  was  iu  the  com- 
puiy  at  that  time,  and  whereas  he  swears  po- 
silivdy  that  tbey  discoursed  of  goin^  ii|>oti  the 
Mine  (iesi^  to  assassinate  the  kinj^  the  next 
daj,  as  was  agreed  the  Saturday  before;  Gunn 
beard  do  sach  discourse.  Gudd  is  called,  and 
be  teils  you  he  did  come  to  the  8uEi-taverii  at 
that  titue,  wiili  Cranbume  and  captain  Porter, 
bteame  inti)  tbe  room,  and  he  heard  no  sncb 
teourae.  They  did  open  it^  indeefl,  that  Gnnn 
Mbem  there  all  the  while,  and  if  so,  then  if 
tfase  bad  been  such  a  discourse,  he  must  have 
bard  it.  Gunn  has  been  examined,  and  does 
ten  you  be  was  not  there  all  the  while,  hut 
iicilool  aod  was  absent  for  some  time,  about 
klf  a  fjuarter  of  an  hour 

Tbey  have  made  a  question,  whether  captain 
forter  came  in  when  Gunn  was  there  ?  He 
mp  trtily  be  thinks  that  captain  Porter  did 
tmt  into  the  room  while  he  was  there,  before 
k  went  out,  bnt  he  cannot  tell  certainly  ;  he 
mi  there  some  time,  while  he  was  there.  Then 
eiplaia  Porter  was  called  a^in,  and  captain 
P&rter  does  say  be  knows  Gunn  ^as  there,  but 
tbetber  he  waji  there  at  that  time  he  came  in, 
l«  cannai  say  positirety  ;  but  Gunn  savs  cap- 
tua  Porter  was  going  in  and  out  several  times, 
H  Porter  says  himself;  and  Gunn  was  absent 
firwome  pari  of  the  time.  80  that  f  cannot 
^  lOfrt  of  contradiction  between  tbecFi- 
'that  PcirieT  gives,  and  the  evidence  that 
f  l^cs ;  the  one  is  uncertain,  and  so  is 
^er  tts  to  that  circumstance. 

Geoliemei),  they  would  infer,  thai  if 
i  was  any  such  dbcoorse  wliile  Gunn  was 
,  it  must  be  of  necessity  that  Gunn  must 
}  heard  it  ;  bnt  it  is  not  necessary  the  dis- 
»ahou)d  b*  when  Gunn  was  ihere :  cap- 
1Mb  Porter  swears  positively,  that  there  was 
•neb  ft  diaeoorse  of  goin§;  the  nejct  day  to  pur- 
M»  Ibe  detiiri^  atid  be  says  be  thinks  Gunn 
HIV  not  present  at  that  time  when  the  discourse 
itit,  and  Gunn  says  be  was  abcent  some  part 
if  the  time. 
Aad  10  I  must  1ea?e  it  to  you :  upon  the 
if  Mr.  Cranbume,  tbt  prisoner 


at  the  bar,  did  consent  and  agree  to  act  in  thia 
bloody  and  wicked  design,  thtn  you  are  to  find 
btm  guilty;  if  you  are  not  satisfied  ofihat  upon 
the  evidence  you  have  beard,  or  you  think  there 
is  any  inconitistency,  or  incohereuce  in  the  tea ^ 
timony  on  the  one  side,  and  the  other  ;  and 
that  there  is  good  reason  to  disbelieve  the  eri« 
dence  against  the  prisoner,  then  you  are  to  ac- 
quit him.  You  have  heard  your  evidence,  and 
you  had  t>est  consider  of  it. 

Cl.  of  the  Crown,    Who  keeps  the  jury  f 
Cryer.    There  is  an  officer  sworn. 

Then  the  Jury  withdrew  to  consider  of  their 
verdict,  and  about  a  quarter  of  an  hour  after 
returned. 

CL  of  Ar.     Gentlemen^  answer   to   your 

names,  John  Caine? 

Mr.  Caine,    Here.     (And  so  of  the  rest,) 

CL  of  Ar.  Are  you  all  agreed  of  your  ver- 
dict?—Jury.  Yes. 

CLqfAr,    Who  shall  say  for  you  ? 

Jury.    Foreman. 

C/.  ofAr.  Charles  Cranbume,  hold  up  thy 
hand,  (which  he  did).  Look  upon  the  priisoner; 
how  say  ye,  is  he  guilty  of  the  higii- treason 
whereof  he  stands  indicted,  or  not  guilty  ? 

Foreman.     Guilty. 

CL  of  Ar.  What  good*  or  chattels,  lands  or 
tenements,  had  he  at  the  time  of  tlie  treason 
committed,  or  at  any  time  since  ? 

F&rcman.     None,  to  our  knowledge. 

CL  of  Ar,  Then  hearken  lo  ymw  verdict  a» 
the  court  hath  recorded  it.  Yon  say  that 
Charles  Cranburne  is  tyuilty  of  the  high -treason 
whereof  he  stands  indicted,  but  that  he  had  n'^ 
goods,  chattels,  lands,  or  tenements,  at  the 
time  of  tbe  high -treason  committetl,  or  at  any 
time  since,  lo  your  knowledge,  and  so  you  say 
all— Jury.  Yes, 

Mr.  Caine.  My  lord,  tlie  jui^  humhly  de- 
sire«  they  may  be  discharg^  irom  their  at- 
tendance to-morrow. 

X.  C  J,  We  cannot  do  it,  unless  the  jury 
be  full  without  them  ;  if  you  come  early,  we 
shall  dispatch  you  presently. 

Then  the  Prisoner  was  taken  from  the  bar, 
and  tbe  Court  adjourned  till  aeven  oVtock  ttie 

next  morniDg, 


S  WILLIAM  IIL 


!  Trial  qf  Robert  Lm/alch^ 


588-  The  Trial  of  Robeht  Lowjck,  for  High  Treason :  S  Willuj 

IIL  A.  D.  1696/ 


April  ^t,  1696. 

1  HIS  day  ihe  justices  «f  Oyer  and  Terminer 
hotden  for  ttie  coiiniy  of  ^Itdille^ex,  mtt,  and 
tHe  court  was  resunud  by  pro c tarnation  in  usual 
form. 

Cltrk  of  the  Arrmgnments,  Keeper  of  Ne\v- 
fl[«le,  vet  Robert  Lowjck  to  the  bar,  (wbicli  was 
done).  You  the  pn«oner  at  tbr  bar,  R»bert  Txi- 
wick,  those  men  that  ^uu  shall  hear  ealied 
and  personi^lty  a|»pear,  are  to  jiass  between  our 
sovereiffD  lord  the  kintif  aud  vou,  upon  trial  of 
your  life  tind  death  ;  if  thtTeforc  you  will  chal* 
lengethetn,  or  any  of  them^  your  time  Is  to 
«|>ealc  nnto  thetn  as  they  Come  to  the  book  to 
be  sworn,  atid  before  they  be  sworn. 

'Mr.  Mompesson,  If  your  lordship  pleases  to 
favour  me  with  one  word  For  the  i^nsoner  at  the 
bar,  I  shall  not  trouble  your  lordship  with  any 
Uiin^  that  was  ut^ed  6y  the  qfenttenten  that 
were  of  counsel  j^esterday,  but  1  sliall  rely 
upon  fiomeihing  that  has  not  yet  been  s^xtkeii 
to.  My  lord,  they  have  not  laid  any  time  or 
place  whei'e  the  consent  or  a^eement  was,  for 
the  forty  men  that  were  to  set  upon  the  king 
and  his  guards:  there  is  a  time  laid  before 
where  they  met  and  discoursed  of  the  wayi 
and  means  how  to  assassinate  and  kill  the  king^ ; 
iHit  when  it  comet  to  the  '  Assenserunt,  eon- 
*  sfifiMrunt^  et  agreavenitit,*  with  submission, 
this  being*  another  act^  there  ought  (o  be  ano* 
tber  time  and  place  laid,  and  for  that  1  shall 
eite  your  lordship  two  or  three  cases  j  for  men 
may  meet  and  propose,  and  dt&course,  and  con- 
»ult  of  such  things  J  ihonj^h  they  he  very  ill 
things,  and  yet  that  may  not  be  treason.  It  is 
the  a^rreement  that  is  the  treason^  and  so  it  was 
hell  I  in  t^aotaiu  Bl  aqua's  Case  about  taking  the 
Tower.  They  may  meet  at  one  time  and  place, 
and  at  another  time  and  plflce  they  may  agree, 
in  Dyer,  6B  H.  nnd  09  PL  93.  i  man  was  in- 
dicted for  murder.  That  he  at  sucb  a  place  in 
and  upon  the  pers«jn  that  wa»  muj*dered,  ^  in- 
^  gnltum  fecit,  it  iphum,'  the  person  that  was 
murde«;d,  *  cum  qiiodrtm  cu!le!lo,' of  such  a 
price,  '  percussit ;'  and  be  does  not  shew  the 
place  where  he  struck  hini,  nor  had  the  indict- 
ment the  words » ^  ad  tunc  ei  ibidem/  and  there* 
fore  the  court  h^ld  it  void  :  so  it  is  likewise 
ruled  in  Goodi  ick*s  Cast-,  Hell.  35  el  1 19,  and 
therefore  in  indictments  for  murder,  since  they 
geoeraMy  set  (brth  not  only  the  time  and  place 
of  the  assault,  hot  likewise  of  the  blow  ;  so 
likewise  in  thmirs  of  a  more  interior  natures  as 
reacucs  returned  by  the  isherill',  ilirU  the  Capias 
waa  served,  but  does  not  shew  wfiere  the  rescue 
waa;  or  tbou^^h  be  j^hewg  where  the  arrest 
was,  and  an  *  et'  coupled  the  rescue  to  it.  yet  it 
was  adjudged  an  ill  return.  Dyer  69,  PI.  59, 


10  Edw.  4.  15Fit«.  Ret.  Vice.  3^'  Bro 
Det.  Bre.  97»  and  Error  193.     Palm  56 
ill  N'oy  IH,  there  are  tUe-e  words,   '' 
was  tnoveil  in  discharge  of  rescue,  ( 
was,  that  they,  vi^.  A.  B.  aforesaid,  i 
'  ad  tunc  et  ibidem  vulneravemnt,' 
the    aforesaid   George,   &c,     '  Iic^4-.*.^*«. 
without  *■  ad  tunc  et  ibidem,'  re^Serred 
tiie  ♦  rulneraveiiint/  and  not  to  tlie  *  n 
'  runt,*  and  theretoi-e  the  return  was  ailjo 
insnfficient;    for,  my  lord,  aUhon;;h   in 
Teyaticea.  a  clause  or  word  in  the  beginoj 
end  may  refer  to  the  whole,  yet  in  ind id 
every  sentence  must  he  certain,  plain,  and 
press,  and  have  its  own  time  and  niace : 
fore  in  Noy's  Rep.  122f  Uaymond  wasi 
for  slopping  a  cross- way  leading  from  a 
vilie  called  Stoake,  into  a  ville  cal'    '  ^' 
the  county  of  Dorset,  and  the  » 
quashed,  because  in  the  *  county  ui  L/«rsei 
refer  only  to  JMtflton,  and  not  to  both: 
indictment  of  forceable  entiy  into  a  mej 

*  existens  liberutn  lenementum*  of  J.  S. 
good  for  want  of  the  words  *  i^d  tunc,* 
the  participle  *  existens*  does  strongly 
that  it  was  his  hoti»e  at  that  time,  3  Cro. 
Het.  73.    Noy,  ISl.    Palm.  426.    Bridg.  sg 
3  Cro,  214,  et  610.    Sid.  10*2.    Lat.  109,  Ac- 
And  my  lord  Coke  tells  tis  in  Calvin's  C 
5  B,  that  indictments  of  treason,  of  all  othi 
are  the  most  curiously  and  certainly  iud 
and  penned;  and  all  those  that  I  have 

-and  obMTved,  have  contained  more  cei 
liian  the  indictment  now  before  your  Ui 
In  Reginald  Tucker^s  Case,   the  iudii 
wan,  That  he  and  Thomas  Place  a  pud 
water.  In  Com.  Somersett.  piiediet 
saver  nut,  to  kill  and  denose  the  king,  ^c, 
to  bring  their  treasouniole  purpos«!is  to 
tliey  the  said  Begin  aid  Tucker  ai»d  Tl 
Place,  the  same  day  aud  year,  at  Brid^ 
albresaid,  in  the  county  uforesaitl,  againi 
king,  with  a  great  multitude  of  peopk%  ar 
in  a  warUke  manner,  viz.  with  swords, 

*  seipsos  illicile  et  proditorie  insiund  ail  tunc 

*  ibidem  congregaverunt  et  astern blaverunt 

*  Ifuerram  puljlicam  conlru  dictum  Domini 

*  Begem  upud  Bridgwater  pried ict.   in  Cotn. 
^  prfedict.  dicto  vicesimo  Die  Junii  Anuo  pritoo 

*  supradiclo  proditorie  pamvprunt,  ordinaverunt 
*■  et  levaverunt.^  8o  in  the  indictment  of  Gati 
ns  it  is  set  forth  at  large  in  a  plea  in  t»ar  oj 
Dower,  brought  by  his  wife,  he  uith  force 
arms,  *■  apud  villam  de  Ware,'  ike.  assembleil 
with  a  great  many  pefNons,  •*  et  helium  cnrdele 
'  contra  dictam  Donniiaiu  Beginam  apuil  VVare^ 
*■  pnedict.  ad  tunc  fals^i  el  proditorie  puhlicavil 

*  et  levavit,  ac  insuper  ad  tunc  et  ibidem  falso  el 

*  proditorie,*  proclaifUfd  the  duke  of  Nnrthttm^ 
bertand,  to  be  lieutenant-general  of  thtir  forces} 

*  et  etiatM  fal&o  et  proditorie  apud  Ware  predict* 
4 


Jot  High  Treason* 

ir^'  proclaimed  the  lady  .^^an  Dudley 
Tbis  is  in  DiMidluwe*s  Reports,  piib- 
»y  Serjeant  Howe,  fol.  55,  placito91. 
p  ear!  of'Leic  filer's  Case,  PInwd.  Com. 
indidment  is  Inid  much  alu-r  the  same 
anti  many  otlicr  indictments,  which  at 
f  am  uiivrlllin^  to  trouble  jour  loniship 
111  this  bcin^  one  ot  a  new  fonn  and  of 
impression,  f  hope  j-our  lordship  will 
isufHcieiit.  And,  my  lonl,  when  they 
Ty  antI  say,  *  £t  quilibct  eoruni  prodi- 
per  se  suscepit  esse  unum,'  there  is  no 
time  alleged  where  th^it  was  done, 
necessity  should  be  mentioned  :  for  it 
taot  rule*in  our  books,  tliut  what  is  is- 
ught  to  have  a  jdaoc  where  it  may  be 
v^w,  this  is  issuable,  and  the  most  ma- 
\t^  in  the  indictment  is,  for  compassing 
*»  death.  The  overt-acts  are.  That 
ler  Koit^htley  the  prisoner,  and  two 
d  cousult  to  kill  the  king- ;  and  after- 
d  agree  how  to  do  it,  viz.  hy  forty 
,  (^iionim  these  should  be  four,  and 

*  at  thein  did  agree  to  be  one  ;  then 
>  other  overt-act  of  providing  arms  for 
lotr  suppose  they  should  not  prove 
Yiz.  the  providing  arms;  then,  my 
'  must  resort  to  one  of  the  other  overt- 
thej»e  four  did  consult  and  agree  to 
ing ;  or  that  these  four  did  agree  the 
ow  to  do  it,  as  is  laid  in  the  indict- 
ri  it  \ft  plain  they  must  foil  of  proof  of 
:hese  ;  for  by  the  not  prosecuting  any 
;  name  of  Christopher  Knightley,  but 
\  a  r.ew  inflictment  against  one  Alex- 
ishtlf-y,  it  appears  that  Christopher 
p  was  not  there ;  and  the  proving  thrse 
PTs  making  a  consult  ami  agreement, 
•riiijt'  (if  the  same  overt- act  tliat  is  laid 
Sctmenf,  as  it  ought  to  be  by  the  late 
as  tlicy  can  prove  that  a  consult  of 
consult  of  four:  and  if  it  be  answer- 

t  is  allfj^eil,  that  *  Quilibct  conim  su- 
Q^cepit,'  then  will  that  come  to  be  is- 
nd  tlie  most  material  part  uf  the  in- 
;  and  consequently  a  place  ought  to 
1  laid  where  it  should  be  tried  ;  tbis, 
is  a  distinct  sentence  of  itself,  it  is  in 
k>is.  and  though  you  take  it  away, 
of  what  remains  is  perfect  and  intirc ; 
pqnently  tbis  sentence  is  or  should  be 
tscif,  and  therefore  ought  certainly  to 
shI.  Besides,  if  your  loniship  pleases, 
losititely  laid,  what  these  persons  se- 
nd prtmik  to  be,  there  is  indeed  uien- 
le  before  of  forty  horsemen,  agreed 
!»et  u[»on  the  king,  thru  comes  the 
-i*,  '  Quorum  iidcm  Chnstophorus 
Icy,  Robertus  liOivick,  Ambrfjsiiis 
c«>d  et  Carolus  Cranburne  forciit  »jna- 
l  quililiet  eoruin  priMlitorie  ^siiper  se 
I  esse  ununi.*  It  is  perhaps  expressed 
o^'b  by  the  word  *  Quorum,'  that  it 
^rd  tbese  should  be  four  of  the  forty 
i;  b*it  there  wants  the  repetition  uf 

•  Quorum,'  to  express  what  they  se- 
Bg^g^  tu  be ;  and  the  word  *  ct*  cau- 


A.  D.  169G- 


[«70' 


not  join  and  connect  the  sentence! :  for « forent' 
anil  » suscepit'  differ  not  only  in  number,  bat 
also  in  mood  and  tense,  and  the  sense  is  not  ne* 
cessarily  coherent ;  lor  it  might  be  true,  that 
the  majority  of  the  company  might  agree  these 
should  be  four,  and  yet  they  themselves  might 
not  severally  engage  therein,  and  one  or  some 
of  them  might  undertake  it,  and  yet  the  com- 
pany not  agree  to  it ;  and  it  cannot  be  mended 
ny  intendment.  There  was  Vaux's  Case,  in 
the  4  Rop.  44 ;  he  was  indicted  for  murder,  for 

fiersuading  a  man  to  take  Cautharides ;  it  was 
aid.  That  he '  persuadebat  eundem  Nicholaum 
■  *  recipere  et  btbcre  qucndam  potum  raixtuni 
'  cum  quodam  veneno  vocat.  Cantbarides  ;* 
and  the  indictment  says,  *  Quod  pnsdictns  Ni- 
'  cholauf  nesciens  preedictum  potum  cun  Ve- 

*  neno  pncdicto  fore  intoxicatum,  sed  Mem  ad- 

*  hibens  dicta;  pcrsuasioni  Willieimi  rec epit  et 

*  bibit ;'  but  docs  not  say,  *  venenum  pricdic- 
'  turn,'  but  yet  it  adds,  *Per  quod  pnedictus  Ni~ 
'  cholaus  immediate  prist  rec^ptionem  veneai 
'  pnedicti'  Ianguishe<l  and  died;  here,  one 
would  think,  was  a  sufficient  implication,  that 
he  took  and  drank  the  |ioison  ;  but  it  was  ruled, 
that  none  of  these  words  were  sufficient  to 
maintain  the  indictment ;  for  the  matter  of  the 
indictment  ought  to  be  plain,  e^ess,  and  cer- 
tain, and  shall  not  be  maintained  by  argument 
or  implication,  and  therefore  for  want  of  those 
words  the  indictment  was  held  insufficient,  and 
the  man  again  indicted  for  that  offence;  and 
there  seems  much  more  incertainty  in  this  in- 
dictment, and  therefore  I  humbly  prayyonr 
lordship  that  it  may  lie  quashed. 

Sir  B.  ShoTcer.  ^Iy  lord,  we  think  the  ob- 
jection is  lully  put,  and  therefore  we  desire  to 
have  their  answer  to  it. 

.  Alt,  Gat.  (sir  Thomas  Trevor).  We  think, 
ray  lord,  this  objection  will  receive  a  vtry  plain 
answer.  The  indictment  sets  forth,  That  at 
such  a  pbre  the  prisoner  at  the  bar  did  ima- 
gine anil  compass  the  death  of  the  king :  there 
is  a  parliculur  case  \^  here  the  imagining  was, 
and  that  they,  to  accomplish  that  treason,  in 
compassim^  and  iin-«o|ining  the  d«*ath  of  the 
king,  did,  among  others,  *  po&tea  cisdem  <Ke  et 

*  anno  apud  parochiam  prtRdictam,'  meet  and 
consult,  &c.  so  there  is  the  same  place  set 
forth  again,  wherein  they  fljd  meet  and  consult 
of  the  ways  and  means,  und  time  and  place, 
when,  where,  and  how  to  assassinate  the  king: 
and  immediately  it  follows,  *  et  consenserunt  ef 

*  agreaverunt,'  &c.  that  forty  men,  whereof' 
they  were  to  be  four,  and  every  one  of  them 
undertook  to  be  one,  should  do  so  and  so.  Now, 
my  lord,  say  they,  it  is  not  said  that  the  agree- 
ment that  there  should  be  farty  men  to  do  if, 
was  at  the  same  time  and  place  where  they 
did  meet  and  consult  abo:it  the  ways  and  means : 
but,  my  lord,  with  submission,  '\{U  very  plain, 
that  the  agreement  for  forty  n»en,  and  the  par- 
ticular agreement  for  them  to  l>e  of  the  num- 
ber, is  but  the  effrct  of  the  coasuitation  that  is 
mentioned  just  before:  for  it  is  said,  they  con- 
sulted how  they  should  do  it,  and  they  agreed 
to  do  it  in  this  manner ;  tlie  particular  manner 


I 

I 


I 

I 


fri]  8  WILLIAM  in. 

h  set  farth  imme^liately  after  that,  it  b  said 
ihev  diU  consult  of  the  manner ;  so  that,  my 
lorJ^  It  IS  part  of  the  lormer  sentence  ;  a  parti- 
GutarrEioa^  of  what  thpy  did  a^-ee  upon  at  thai 
Consultatfon  ;  hut  it  h  no  distinct  overt-act:  if 
it  had  bi^n  a  distinct  overt-act,  then  the  cases 
that  hai-i?  Iieen  cited  by  »be  counsel,  do  *hewr, 
that  there  should  he  a  particular  time  and  place 
Ijieutioned  for  every  overt-act ;  but  this  is  only 
a  part  of  that  overtact  that  was  mentioned 
geni^rall y  before :  thin  tells  you  purticularly 
what  the  means  were  they  did  ajfree  upon,  and 
the  spDteiice  is  ool  compkte  till  yuu  have  gone 
o?er  this;  so  that,  my  lord,  with  suhoiission,  it 
had  h<jeD  very  improfier  when  they  agreetl  at 
such  a  time  and  place,  of  the  means  and  ways 
how  it  should  be  effectet!,  then  to  set  forth  that 
it  wan  at  the  same  time  and  place  where  they 
did  consult  of  the  way^t  and  means,  that  cannot 
be  proper  ;  for  it  in  not  laid  at  tirst,  that  there 
was  any  particular  way  ]>rofK>Bed,  hut  ordy  in 
^Oeral,  they  coiisulteff  of  the  ways  and  tneans; 
therefore,  my  lord,  all  this  that  Mr.  !\1ompesson 
has  said,  wilt  not  be  pertinent  to  this  case,  it  is 
impossible  to  htive  been  otherw  ise  ;  it  is  hut  a 
part  of  the  sentence  ;  and  it  is  not  complete  till 
you  have  gone  over  the  several  particulars:  as 
to  the  Case  of  a  *  Rescous/  that  is,  the  offence 
upon  which  the  matter  is  to  be  grounded  ;  the  i 
^  Verheravit*  and  *  Vulnerarit*  are  not  the  res- 
cuing^; but  where  there  is  not  one  sentence 
complete,  till  you  come  to  the  end  of  these 
wonls,  there  it  must  he  all  taken  together ;  so 
it  is  here,  they  consulted  nfth?  way,  and  agreed 
this  to  be  the  way,  which  they  set  forth  in  par- 
tjcubr :  it  is  joined  to  the  former  part  of  the 
sentence,  and  the  whole  is  aot  complete  with- 
out it< 

Sol.  Gen,  (sir  John  Hawles)  With  sub- 
missiou,  my  lord,  it  cannot  he  otherwise,  nor 
can  they  make  it  sense  otherwise. 

L,  C,  J.  (sir  John  Holt),  They  say  you 
might  and  should  have  put  in,  *  ad  tunc  et 
*  ihtdem.' 

tSaL  Gen^  With  suhnusaton^  my  kird,  f  say  it 
cannot  be  repeateil  aguiu :  indeed,  if  you  would 
make  it  like  the  case,  as  Mr.  Mompesson  would 
liare  it,  that  forty  men  did  agree  to  it,  and 
forty  men  did  it,  it  were  necestaiy  to  name 
time  and  pbce,  as  it  is  in  the  case  of  murder : 
that  he  did  agree  to  murder  htm,  and  after- 
wards knocked  him  on  the  head,  there  you 
tliall  lay  time  and  place  where  he  agreed,  and 
where  he  did  the  act,  for  there  is  an  act  done ; 
hut  in  this  ca^e  there  is  uo  act  done,  but  only 
an  agreement  that  forty  should  do  it,  whereof 
these  lour  were  to  be  part  of  the  namher.  Now, 
Ihey  cry,  you  do  not  say  what  these  fonr  were 
to  be  for.  Yea,  we  do:  the  forty  were  to  do 
Mitch  an  act,  and  these  were  to  be*  four  of  that 
forty,  and  every  one  of  them  undertook  to  be 
one ;  so  that  it  cannot  be  expressed  otherwise 
ihnn  it  is;  for  what  they  say  of  the  indicl- 
ment's  being  not  in  the  same  form  that  other 
indictments  are,  that  will  be  no  argument  at  all ; 
for  it  does  nut  follow,  that  there  must  i)e  one 
iacpressed  form  of  an  indictment  -,  of  right  there 


Trial  of  Robert  Lcmck, 


[ST 


are  divers  forms  of  indictnieiitt,  and  all  of 
good,  because  indictments  are  to  he  fi 
according  to  the  particulal*  cose,  and  they 
not  put  me  iin  instance  of  such  a  parttcuJ 
case  as  this.     As  to  that  of  the  mistake  of  tl 
name  of  Koightley,  that  UDCjuesiiunuhly  can 
no  oSJcctiou  at  all  i  for  how  does   it  appe^ 
the  court,  that  this  is  against  the  same  pena 
that  was  before  indicted  by  the  name  of  Cbrti 
topher?  there  may  be  another  Chnstopher,  f« 
aught  they  know  :  hut  1  will  sup|»o*ie,  tliat  th 
consult  Wits  prAvcd  not,  as  it  h  laid,  that  thef 
were  to  be  four  ;  but  only  that  they  ware  to  IH 
three  of  them,  it  would  be  well  enough  agaitu 
the  prisoner  ut  the  bar,   if  he  be  proved  t 
he  one, 

Mr.  Convert,  First,  we  have  here  laid  a  tiin 
and  place  for  the  treasoa  alleged  in  the  iodid 
ment,  and  als^i  for  the  two  overt- a<;ts,  hon 
when,  and  where  it  was  to  be  done, 
providing  of  arras  for  it ;  and  lor  this  pi 
of  the  forty  men,  that  they  would  have 
the  *•  ad  tunc  et  ibidem^  to  that^  is  but  part  oi 
overt-act,  which  was  before  allegetl ;  ti 
first  overt -act  mentioned,  is  the  mi 
r;ousultiog,  and  tliere  we  lay  both  ti 
place  ;  that  on  such  a  day,  and  at  such 
they  did  meet  and  consult  of  the  way 
ner  bow  to  do  such  an  act :  and  then  we 
tinue  on  the  sentence^  by  particularizing 
it  WHS  to  be  ejected ;  that  they  did  agre^f 
should  be  forty  horsemen  to  do  it,  whereof 
were  to  l>e  four:  this  is  but  a  part  of  the  or«i 
act,  which  is  the  consulting  and  agreeing  upfl 
tlie  ways  and  means;  this  particular  mea 
agreed  upon,  being  but  the  result  and  efieet 
the  consultation  before :  so  thai  wc  oon< 
there  is  no  want  of  time  or  place  upoti  wliioli 
take  issue  uv  tins  case. 

Mr,  Cowpcr.  My  lord,  I  think,  with  si 
mission^  there  is  nothing  in  their  objection,  j 
I  take  it  to  have  received  a  full  answer  alread  j 
yet  I  would  ask  one  thing  of  the  gentlemeo 
the  other  side,  had  the  sentence  run  wi  ' 
the  words  '  de  iis  modis  et  niediis/  Sec.  wbi 
follow  alter  the  word  *  consultavit,*  and  befoi 
the  words  *  et  agreavit;'  in  this  manner, 
they  did  then  and  there  traitorously  tn 
pose,  consttit,  aiid  agree,  that  forty  ho 
or  thereabouts^  with  guns,  and  so  forth, 
then  tbei%  had  been  any  ct^lour  to  think  it  m 
oessary,  that  it  should  be  laid  in  this  maai 
That  they  did  then  and  there  traitorously 
and  then  and  there  traitorously  pro^ 
then  and  there  traitorously  consult, 
then  and  there  traitorousl)'  agree :  and 
then  I  would  desire  them  to  tell  me  why  ' 
*•  and  there'  is  more  necessary  to  one  verb  * 
^ agree,*  than  it  is  to  all  the  rest,  in  sense 
common  speaking.  The  only  use  of  a 
junction  copulative,  is  to  derive  the  f<irce 
some  words,  in  a  seutenoe  foregoing,  down 
a  sentence  following,  to  avoid  repetition : 
here,  though  after  the  consultation  be 
many  word*  that  ivkte  to  that  mutter,  by  w 
of  parenthesis ;  yet  the  *  ad  tunc  et  ibidem*  ai 
dees  refer  to  all  the  verbs  following, 


High  Trea90tt4 

joined  by  the  cODJtniclimi  copulative ;  it  does 
fiOC  ?arj  Ibe  case  M  all,  the  uniting  in  that  pa- 
i«iillie«ifi ;  il  U  autiwithstantlmg  bui  as  one  sen- 
l(niQ^:  Mid  the  «upposuig  tlirit  the  parfirlhesis 
' ,  makrs  it  very  jtlala,  there  can  be  uo 
there  wanted  a  repcliuoii  of  the 
Jem*  t*j  every  tcHk 
ft.  Wiih  siibmissioo  to  your 
fl'^ment,  there  is  no  ftnsuer  ramie 
ihjeetioii,  I  do  a^ree,  if  tlii^rc  Isad  lietfi 
rtrbs,  and  no  other  vienls  had  inier- 
ttned,  Ihjl  an  '  el'  would  have  coupled  alt  to- 
mAt-v.  jTivi'  vuu  need  not  have  rej«eated  *  ad 
Bii  m*  to  every  otic:  but  here  is  a 

■t  rerbs,  that  makes  one  complete 

r  gsenlciice  ;  add  if  lht«  ut'  the  furty   men 
'  lel\  t>ut,  it  had  been  a  ^oud  ^seDteocei  that 
di4   propo^  and  treat  hour,  where  and 
th^t  is  a  sentence  of  itself,  the  cooSult- 
treatin;^  of  the  wuys  and  means : 
lltey  say«  *  and  they  did  at^ree  and  a«- 
il  forty  should  do  it?  now  there  is  nu 
ity  for  the  interpreting'  of  these  words, 
llliey  fthould  ron^ult  and  ;igree  at  the  saine 
riotl  lime;  there  is  no  nec^&sity  to  eon* 
t  agreement  for  the  forty  nicu  with  the 
>ttott ;  they  ini^Ut  propose  and  consult 
i  time  &od  place,  and  not  agrt^,  and  after- 
•^ree  at  another  time  and  place :  it  is 
«al«  i^ieoificiition^  or,  as  they  call  tt,  a  specific 
ml  of  tbe  consultation,  Dor  a  necessary 

I  «if  it,  !io  as  to  make  it  necessary  to  join 
|i>^ibor;  ihey  might  meet  and  consult 

ttooe  lime  and  plaee,  and  at  another  time  and 
fkofihey  inigbt  agree  that  forty  ^tioitld  do  it; 
'i  tkefefare  when  vou  ^y  at  one  lime  and 
)  thty  did  consult  and  propose,  ami  i\t\er- 
'  I  they  did  ag^ree ;  it  is  not  nt^cessarity  im- 
it  muDt  be  at  the  same  time  and 

I I  «iid  when  it  is  not  necessarily  implied, 
'  Ilk  it  necessary  iu  ijidictments,  for  cer- 

-sskc,   to  have  *  ad  tunc  et  ibidem'  in- 

Ir.  Miifnpcsson,  My  lord,  3Tr,  Solicitor  Rays, 
>  to  other  precedent^,  that  does  not  make 
ary  that  this  should  be  like  them  ;  and 
tl  k  *oo  argument  that  it  oujjlit  to  he  so 
My  lord  Coke,  in  Calvin^s  ease,  tells 
bat  Tl}*  precedents  the  law  is  known,  and 
'  nX3  of  treason  are  of  all  things  the 
ly  penned ;  and  it  is  comtnoti  to 
iJrr  the  bw  is  so,  because  usually  it  is  so  in 
Ibe  pTTcrd^-nts  of  indictments.  Mr,  Solicitor 
^p^  ■  '  %  That  there  may  be  a  Christopher 

^Ki  ^ides  an  Alexander  ;  but  I  cannot 

^p»  thai  Mir  an  answer  to  the  exoeptioti  I  urge, 
^■kb  b  the  want  gf  *  ad  tum^  et  ibidem^  at  the 
^^onitit  aod  the '  Quiltbet;  for  the '  Qruilibet' 
fmy  eocne  to  be  in  question  as  the  most  mate- 
ritlpart  of  the  indictment,  h«?cause  tbe  ag^ree- 
iDeatof  the  four  upon  the  meeting  of  the  four 
illfged  as  an  ort^rt-act.     Now,  with  snh- 
Mon,  they  iiui^t  [trove  the  assembly  of  tbe 
'  t  four,  or  they  do  uol  prove  ibe  overt- act 
'  '  laid ;  then  as  to  the  ^  Quilibet  sus-* 
^  which  is  the  iDoit'ra«Xerial  ptkit^  it  has 
^  tior  pUce. 
[>0^  Uil 


A.  D.  1696-  [97*'J 

Jtt*  Gen,  No  sure :  we  do  not  need  to  prove 
all  four,  for  it  is  a  distinct  offence  in  eat  h,  and  \ 
if  any  one  undertook,  it  is  well  enou;^h  aguinst 
him  :  and  fur  the  lime  and  pbt^  we  tell  you  ifr  d 
is  part  of  the  former  aenteuce,  and  makes  hul  j 
an  i  til  ire  one. 

3tr.  Momptsion^  As  for  the  residue  of  th^  \ 
vcrtxif  tf  ihey  had  Ireen  omitted,  it  had  been  < 
good  sHise  \  hut  this  is  a  perfect  intire  5^entenca| 
<dltself,  when  it  tells  you  what  they  coii'4idte4 
and  treated  of,  as  in  the  Ca^  of  the  Rescud4 
that  I  put;  if  il  had  stoppcfd  there,  il 
been  a  troud  sentence  without  the  *■  Vulnera- 

*  verunt/ 

Alt,  Gtn.    The  ^  Rescous*  is  the  offeuce 
that  ca^e^  the  other  is  diAiinct :  but  here,  lit  ■ 
this  case^  oiithiug  can  he  plainer  than  that  atlj 
IS  one  act»  as  we  have  laid  it,  That  at  such  ft)i 
time  and  place  tbey  did  consult  and  trtat  of  the  j 
ways  and  means;  but  then  there  i«  no  agree- 
ment mentioned  till  after  we  have  said  tbey  did 
cousult  of  the  ways  and  means,  and  did  agre 
that  this  »hoidd  W  the  way  :  thus  is  certainly] 
one  eutire  sentence  that  shews  what  the  i  _ 
ment  w  a^  upon  the  consultation  as  the  resoll 
of  it. 

Mr*  Cowper.    As  to  what  sir  Bartholome\r-^ 
Shower  says.  That  we  ought  to  repeat  the  '  ad  J 

*  tunc  et  ibidem,*  unless  the  seiiKe  ot  the  \TQrd#J 
implies  a  necessity  that  the  consultation  amiJ 
the  agreement  should  be  at  one  time  and  placesd 
My  lord,  there  can  be  nothing  in  that,  for  tt^ 
does  not  arise  from  the  necessity  of  the  thin|p* 
one  way  or  the  oilier  j  hut  we  take  it  as  a&  in- 
tire sentence ,  and  that  the  whole  matter  is  suffi«^ 
cicntly  cofinecied,  and  laid  to  one  time  andi 
place,  thou;rh  It  might  be  divided,  it  must  hmJ 
taken,  as  atlegedj  to  be  one  intire  fact,  or  elsaj 
it  recurs  to  the  same  objection,  that  *  ad  tunc 

*  et  ibideui'  most  as  wefi  be  put  to  every  verbj 
fnt  it  IS  possible  they  might  propose  at  one  tirai 
and  place,  and  consult  at  another,  and  deb 
at  another  as  well  as  agree  ut  another :  so  tha^  J 
noihiiig  is  to  be  argued  from  the  necesaity  ofi 
the  thing  more  in  one  case  than  tlie  other  ;  for  f 
one  man  tuighl  propose  it  in  one  place,  and  th#  ] 
rest  might , then  shake  their  heads  at  it;  andj 
then  they  might  again  meet  and  constdt  at  ] 
another  place,  and  afterwards  agree  at  a  third  1 1 
but  when  it  is  said   '  then  and  there'  they  didV 
meet,  consult,  and  agree,  it  cannot  l>e  under- 
stood but  tliat  the  Agreement  wtu  at  the  sam«^ 
lime  and  pbce  with  the  meeting  and  consult. 

Sir  B.  Shower,  But  this  can  be  no  answeff.  j 
that  Mr.  Cowper  gives  now,  for  proposing,  and^ 
I  consulting,  and  treating,  and  debating,  are  allJ 
of  the  same  signiticatioQ  ;  for  one  man^s  pro- 
posing to  another,  und  the  other*s  proposing  IqI 
him,  is  consulting,  treciting,  and  delmtii:ig  ;  bnl'j 
now  coQsultiag  and  agreeing  are  diHeren  ^ 
things. 

Mr.  Cowper.    So  is  proposing  and  consult- 
ing:  one  may   propose :  but  there  must  be  i 
least  two  to  consult ;  tliere  is  thai  nice  {Jiffer^ 
^  ence  between  them. 

Sir  B,  Shower.   Epery  ooc  roust  «|pnee  foj 
hbtiseU;  and  that  mu«t  be  certainly  l£d  wii' 


»T6J  S  WILLIAM  UU 

time  and  nface,  let  the  prb^^osul  and  consulta- 
tion  be  what  jt  wilf. 

/..  C.  J.  Mr.  IVfompessofi  [mis  that  Case  in 
Dyer  upon  an  indictment  of  murder.  That  oti 
auch  a  day,  and  at  such  a  place,*  the  party 
nnade  an  assautt  upon  the   persons  slain,  *  el 

*  percuisit;*  but  dnes  not  say,  *  Et  ad  tunc  et 

*  ihidem  percu^sit,*  and  for  not  aJJegmg  lUat, 
the  indicltnent' was  held  iiong^ht. 

Alt,  Oev.  My  lord,  that  is  a  different  case 
from  this,  because  '  insuhnm   fecit,'  and  the 

*  percuss  it,'  are  different  crimes ;  there  is«  a 
great  difference  between  an  aasault  and  a 
atruke ;  hut  here  it  is^  That  they  did  prop<j«e 
■nd  considt  of  the  ways  and  means,  and  agreed 
upn  this  particular  way  *,  that  is  the  same 
thinfj;  it  is  not  an  enlire  sentence  till  y<in  come 
to  the  end  of  it,  then  it  is  complete  wh^n  you 
ahew  tvf)ut  was  the  effect  of  the  consultation; 
whnt  I  hey  were  agree*!  Uj»ou,  and  not  tiU  then. 

Mr.  Miffnpeiioii^  A  roan's  hohKou  up  his 
hand  is  an  assault,  but  he  luuat  actiially  strike 
In  be  guilty  of  murder:  so  a  man  may  debate, 
and  yel  not  agree :  it  ti  the  agreement  that  ts 
the  Irc^i^on. 

L.  C.  J-     Bead  the  Indictment, 

Cf,  of  Ar.     *  Decimo  di*?  Fcbruarii  anno 

*  Regni  dicti  Donuni  He^is  nunc  septimo,  et 

*  diversis  uliis  diebus  et  vicibnt ,  tani  antea  qufem 

*  postCii,  apud  Faruchiam  Suncti  Panii  Covetit- 
•^  Garden,  prftnlict/  in  Comitotu  pra^dict',  fals^ 
'  waliti'-'      '    '    tiei^,  pfoditoii^,  compassare- 

*  runl,  iji  r  machinati  fuerunt,  e3cco|fi- 

*  tavcruijk.  *it:-i-iiaveruDtetintendebant  dictum 
'  Bomitmtn  Reg-era  nunc  occidere,  inter ticcre, 
*"  et  Tuurtlrarei  et  atra^em   miserablleni   inter 

*  fiiletcs  subililos  ipsius  Domini  Ilcgis  per  totntn 
'  hoc  Uegnum  Anjjlioe  facere,  et  causare,  et  ad 
*•  easdem  uefandigsimaa,  Deqaissimas  ct  diaho- 

*  licos  prtiditiones  at  proditorius  compassationfs, 

*  niachinAiioneiJ,  et  proposita  sua  pnedicta  f»e- 

*  rtuipleiit1*j  perficiend*,  et  ad  effectiim  redigend* 
'  ipsi  iidem  Christophorus  Knigbtley,  Roberlus 

*  No  inilictn^ent  (as  to  the  dirersity  in  im- 
peach mentis,  see  in  this  Collection  the  Cds«  of 
fold  IVinloiui,  a.  d.  1716)  can  be  good  with- 
out precisely  .shewing  a  certain  day  and  year 
of  Ine  facts  altr^cd  in  it,  8ee  Leach*i  Hawk, 
PL  Cr.  b,  2,  c,  25,  s,  77,  7$,  and  the  authu- 
rities  there  citeiL  See^  also,  lord  Kenyon^s 
judgement  in  the  King  against  fTollandp  5  Term, 
Rep.  624,  G?5.  But  it  is  sufficienl  in  an  in- 
dictment for  treason,  as  in  other  cases,  that  a 
lime  be  laid  before  the  finding'  of  the  bdi  under 
which  may  be  proved  any  acts  commilled  be- 
fore the  finding  of  the  bill:  and  as  to  place  in 
canes  of  treason  within  the  realm,  it  is  sufficient 
thatan  overt-act  be  proved  in  thccnuniy  where 
ttie  indictment  is  laid  und  the  trial  had.  See 
in  this  Collection  the  Casc^  of  Charnock,  vol. 
12,  p.  11*78;  anJofh»rd  riulraerino,  a.  D*  J745, 
East's  FNeas  of  the  Cn>un,  chap.  2,  sect,  60, 
6J,  and  the  authorities  there  cued;  and  for 
mure,  IIS  to  ihe  place  where  tteasons  com- 
Qittted  abroad  or  at  home,  sUull  be  tried|  see 
$ecU  iO,  41,  of  ihe&uuie  chapter. 


TfM  ofRoigrt  Lowic^t 


[J 


*  Lowick,  Ambrosius  Rookwood  ct  Car*  * 
^  burne,  et  quam  plurimi  alii  falsi  pr<Kbli 

*  (Jyraior'    prtedictis    ig^nof  i)    pottea, 

*  eodem  decmio  die  Februarii  anno  sup 

*  apud  Pan»chiam   unedictam   in  Com*  pr 
*■  dieto,  ac  div ersis  alii$i  diehus  et  vicibua^  tan 

*  an  tea  quam  postea,  ibidem  et  ahbi  io  ( 

*  Com\  fals^,  inatiiio^^,  adv  tsAt^,  clan 

*  proditorid,  ac  vi  et  armis  coii«eniebaiil, 
'  posuer*,  traciaver%  cnnsuUaver',  cons 

*  et  agreavei%  ad  ipsum   Dominiim    R«_ 

*  nunc  ex  insidtis  et  dolo  ptTcutiend*,  An^lit 
^  *  to  assassinate,'  interticiend^  et  tnurdrumi^  < 

'  ad  e^ecrabilera,   horrendam  et  detestabilem 

*  Aasas!ii nation',  AngUce  *■  Aasassinaiion,'  et  lo-i 

*  terfectionem  ill*  citius  exequentr   et  perpe*] 

*  Iramr  postea  scilicet  etsdem  die  et  anno, 

*  di%ersis  aliis  diebus  el  vicibtis,  npud  Paroeh 

'  pned*  in  Com'  pnedicto,  proditori^  tractav cr'l 

*  ptoposuer*  et  contiultaver*  de  ?iis«  modis  m 

*  mediis,  ac  tempore  et  loco  nbi,  quaudo,  qtmil 
'liter  et  quoroodo  dictum  Dominuiu  Re 
'  sic  ex  ini^idiis  tacilius  tnterticerent,  et 
'  senser*,  astrea^erunl  et  asseuser^  qu<id  qui 

'  dragint*   liumine^  E«juestrea  ant  m  drcitei 

*  (quor'  iidcm  Christophorus   K  Ho- 
'  bertns  Lowiek,  Ambrijsius  Rn                 i  Car* 

*  Cranburtie  forcnt  quatuor,  {vi  qiuiibct  eot' 

*  proditorie  super  se  suscepit  esse  unum)  cu 

*  bomhardiSf  aclopis  et  scJopetis,  ptikere  I 
'  bardico  el  globulis  plumbeis  onerat%  et  ( 

*  e  lad  lis  J  en  si  bus  et  aliis  armis  armat^  instdia 

*  forent,    et  cssent  in  subsessu,    Angiice  *  ia 

*  *  ambiuh,*  ad  eundein  Doroinura  Reg  em 

*  Rheda   sua,  An^licc    *  hb  coach,'   exislenF 

*  quando  foris  iret  invadeiid%     C^uodque  qu 
'  dam  et  competens  numerua  de  hominibus  dij 
'  sicarmat'  in  satellites,  Angiice  'the  guar 
'  ipsius  Domini  Regis  eum  tunc  attendend'  i 

*  secum  existen'  aggressi  forent,  et  eoi  i 
*■  uarent  et  devincerent,  dum  alii  eorundem  1 
^  minum  sic  armat'  ipsum  Dnmtmim  Re 

*  percuterenti  inierticerent,  occidereot  et  i 

*  drarent.' 

Mr,  Mompeison.  The  consnlt  is  like  the  ti 
sault,  and  the  a^eemcnt  is  Hke  the  Ktroke. 

L,  C.J.  Trcotf.     Jl  is  a  nice  ca&e 
would  have  itj  but  1  tliink  it  is  very  nutu 
the  king^s  counsel  put  it  at  iii^st ;  they  j 
c{insuhation  of  the  ways  and  meant 
fihoutd  be  done,  and  then  they  condod 
thii!>  it  sJiatl  be  done :  all  whicli  makes  I 
iiiUre  thitjg. 

L.  V,  J.  They  say  they  met  that  da 
Paul  Covent  "^arden,  that  is  in  ihe  in 
and  did  consult  how  to  kill  the  king ; 
consented  and  agreetl  among  themselv 
it  sliould  he  done  in  this  manner  :  doth  not  tiki 
refer  to  both  time  and  place  in  the  beginning  j 
It  is  a  coiitinuiug  on  of  (he  satne  sentence,  i 
makes  all  but  one  and  the  tame  act;  it  it  1 
result  of  the  consultation  at  that  tiiue 
place. 

8ir  B.  Shmt'^r,  But,  my  lord,  it  might  bei 
another  place :  they  might  considt  at  on 
place,  and  conclude  at  another. 

Mt,  Cont/crt.    But  it  is  laid  to  b«  al  the  i 


irf] 


ftxr  High  Trdoitm. 


pUoe,  for  no  otlier  |»lt€e  does  appear,  «nd  it  k 
•Bft  conttDueii  sentence. 

L^  C.  J^  Triffty.    You  would  make  the  repe- 
litidfi  e€i  frequeat  and  reiter^iud,  llitt  it  would 
became  ab«urd* 
Ait.  Gen,    Indeed  1  do  not  know  wbat  tdese 
I  would  bate* 
.  Slower.     We  wouM  ha?e  ihisindict- 
aJI  otbers  «i^,  the  precL-deitts  are  as 
,  and  we  hope  i\m  shall  pui-sue  them,  or 
i  <|i]ashed. 

L.  C,  J.  Look  ve  here,  m  Bartholome^v 
^ower  ;  suppose  this  part  ftbould  licit  he  right » 
that  will  DOt  viiiate  the  whole  indictment. 

^Mamputtm*    Bui  your  lonbhtp  will  not 
k  to  ^ife  evidence  of  that  part  that 


C.  /.  Vea.  yea ;  it  eomes  wUhiii  tiic  fi  rst 
( of  the  time  aotJ  place  laid  ;  Ihey  nay 
fift  evidence  of  it,  because  this  is  hiU  a  setting 
fMtb  for  the  maoDer  agreed  U{>on  for  the  exe- 
«BlMi  of  the  deai|f  0  that  wan  before  consulted 
iai  treated  of;  it  is  com preh ended  in  the 
ftmtr  ward»;  and  ii'  they  had  omitted  thia 
ait «f  the  iiidictfuentf  the  indictaient  had  never 
fceeo  the  worse;  there  had  been  a  t>uffieicnt 
onrt-act  alleg^  to  prore  the  eonapas<iiug  and 
iaa^iiito^  the  death  of  the  king^ ;  for  if  people 
at  such  a  place  and  tiKie  meet  and  propose 
tie  way  and  means  how  to  effect  it,  do  you 
think  the  indietmest  would  not  he  goo<l  enoutj^h 
%tfbout  lading  the  particular  means  a^reeti 
upon  f  Certainly  it  hid  been  well  enoug-I)  if 
ikia  had  l»een  omitted.  Do  you  think  they 
wmwA  gire  this  in  evidence  as  a  proof  of  the 
4nrt-act  f  Certainly  they  may. 
^  JL  Skofmer.  The  question  will  be,  my 
apou  the  whole.  Whether  the  con- 
I  of  the  indictment  *  contra  legiautrie  suae 
m,*  shall  be  taken  distribu lively  ta 
t  f  And  if  BO,  then  there  ought  to  be 
plac«  alleged  to  every  f»cl- 

tSiip|K>se  yoti  lay  several  overt- 
ada,  and  prove  but  one,  yet  he  is  lo  l>e  fonnd 
fiilQf  of  the  hi(^h- treason,  which  is  the  ima- 
gfiloff  ood  compiissin^  the  death  of  the  kiog^, 
Vik»  ia  the  crime  laid  in  the  iudieiment ;  theti 
I  thia  waalelt  out  of  :J^ndJctment,  they 
^♦e  it  in  evidentie  a.»  a  proof  of  the 
Sf«ft-act,  that  it  is  well  hid  for  time  and 
piaee ;  and  therefore  though  it  be  e^cprenKed, 
aad  uoC  ao  fully  and  [tarlicularlv  l^id,  we  cuo- 
DOt  qoash  the  mdictmeM  for  it,  Cjecau^  the  in- 
diattpest  would  b^ve  been  gfiod,  though  that 
kadtweii  omitted.  * 

L.  C.  J.  iVe/jy*  Tbnt  is  certainly  true,  it  is 
tocaase  tor  quufihiog  the  indictment. 

SoLGtn.  The  indicimenU  Jtirainst  the  Ue- 
pfidimf  were  fi^r  compaMitJX  the  deuth  of  the 
taugt  and  they  g^ve  in  evidence  that  he  was 
pyilodealht  iboctgh  ihey  churged  in  the  in- 
vetaacoi,  only  the  c^im passing  and  imagining 
Ika  death  of  the  king. 


*  liiee  East's  Fleaii  of  the  Crown,  chap.  ^» 
^46,  aad  Layer's  Case  as  there  cited, 
t  tiaefol5,  p.  ^7. 


A.  0.  lEm.  [JT8 

Z,  C*  X  Ay,  sure,  that  is  an  orert  act  with 
a  witness,  the  tndicUnent  was  not  laid  for  mor- 
dering  the  king,  but  ior^mpaselhg  bis  death, 
wliidh  is  the  treaaon  accordukg  to  the  act  of 
partiameot  of  Sd  £d^  d,  and  as  an  overt -act 
they  gare  the  cutting  o0*his  head  in  eridence. 

Att.  Gen*  The  indictnieni  says,  they  eom- 
pastied  and  trnxigined  the  king^s  dealh«  atid 
they  agreed  to  do  it  in  this  manner ;  if  thiji  he 
not  ail  one  inlire  seateitce,  I  know  not  wtiat  is. 

L.  €.  J.  As  to  your  case,  Mr.  Mompesson, 
which  you  quote  out  of  Dyer,  it  is  posaible  a 
man  way  make  an  assault  at  one  tune,  and  at 
another  time  make  an  assault  and  give  a  str<ike ; 
hut  this  is  all  one  aet,  it  does  hut  specify  what 
was  generally  consulted  of  and  proposed. 

L.  C,  J.  Treb^.  Pray,  do  yon  think  a  man 
may  demur  a  poo  a  eommon  action  of  battery, 
where  it  is  said  first,  at  such  a  time  and  p)ace, 

*  Insultum  fecit,  verberavit,  et  vulneravit,'  be* 
cause  there  is  nut  a  place  set  to  every  word. 

Mr.  M&fnp€*wn.  lodtetments  ought  to  be 
ret^  curiously  penned,  and  what  is  good  in  an 
action  will  not  be  good  in  an  indictment,  with 
submission. 

L.  C.  J.  Trehy,  But  suppose  you  shewed 
it  for  cause  ujion  special  demur. 

Mr.  Jifompesstm.  My  lord,  1  cannot  tell  what 
it  would  amount  unto. 

X.  C.  J.  Vou  <:annot  quash  the  iodtctment 
at  this  time ;  that  is  not  possible,  because  the 
indictment  is  good  as  to  the  rL*st,  snppo&bg  this 
was  not  so  well  as  it  might  he- 
Mr.  Momptuon.  Then,  my  lord,  1  am  in 
your  lordship's  judgment,  whether  they  shall 
be  admitted  to  give  evidence  in  this  particular 
thing? 

Xr.  C.  J.  They  may  certainly  give  in  ewU 
dence  the  agreement  to  have  forty  men  to  kill 
llie  king,  as  a  proof  of  the  consultation,  agree* 
ment,  and  couseot  to  kill  the  king ;  and  the 
consenting  to  have  forty  horsemen  is  in  evi- 
ilenee  of  tneir  treating,  proposing,  and  consult- 
ing to  kill  the  king,*  1  ben  for  yourobjeclion 
of  *  Uuilihet  suaoeiiit*  to  be  one;  that  is  well 
enough,  it  is  all  still  hut  one  sentence. 

Sir  B.  Shmver,  One  of  which  is  it  ?  for  they 
have  not  laid  in  the  indictment  what  in,  whe- 
tlier  it  be  one  of  the  four,  or  one  ot  ihc  forty. 

Z,  C  J.  Whether  it  Imj  one  of  the  four,  or 
the  forty,  is  not  material ;  for  cannot  one  be 
fduod  giulty,  and  the  rest  ttC4|uiited  ?  The  one 
is  not  charged  wi(h  the  act  of  the  other,  hut 
they  are  several  od'ences,  ar^  each  must  an- 
swer for  himself.  In  all  indictmem^,  oflences 
artj  several.  Suppose  an  indictment  of  con- 
spiracy,and  it  i»  laid  in  the  indictment  that  four 
did  conspire  ;  csnuot  you  profe  that  two  coo- 
spired?  no  question  you  may.  It  is  not  cer* 
tainly  necessary  that  every  one  should  be  proved 
lo  hare  conspired.  Suppose  it  were  alkged 
that  four  did   beat  a  man,  and  dues  not  say 

*  Unilihet  eornm^  beat  him,  you  may  give  in 
evidence  that  one  did  beat  liitii. 

*  See  East's  PleM  of  tlie  Crown,  c.  %  a,  57, 
53.  See»  abo^  in  tbjs  CoHecslJon,  Yot,  5^  ^.  911 . 


§79]  S  WILLIAM  HL 

Sir  B.  Shower.  No  qaeitioD  of  thai  in  caso  l 
of  a  battery,  but  in  the  case  of  a  conspiracj  j 
there  must  be  more  than  one. 

L  C.  J.  Nay,  I  will  ask  you  eren  in  an 
action  nf  conspiracy,  where  the  very  gist  of  the 
action  is  conspiring  together,  cannot  two  be 
found  guilty,  and  the  rest  acquitted  ?  In  riots 
there  must  be  three  or  more.  It  may  be  you 
wUI  lay  ten,  but  it  is  sufficient,  I  hope,  if  you 
prove  it  upon  anv  three  of  them. 

Att.  Gen.  The  difference  is  betwixt  con- 
tracts and  crimes ;  for  contracts  they  are  joint, 
but  crimes  thev  are  in  their  own  nature  several. 

Sol.  Gen,  Besides,  my  lord,  though  they  be 
out  of  time,  yet  this  is  not  to  tlie  abatement  of 
the  indictment,  but  to  the  evidence ;  how  oo 
they  know  but  we  will  give  it  in  evidence  that 
Christopher  Knightley  was  one  ? 

L.  C.  J.  Treby.  Mr.  Mompesson  moves  it  as 
a  caveat  against  your  ^ving  it  in  evidence. 

Sir  B.  Shower.  If  m  an  outlawry  against 
divers,  they  leave  ont  these  words,  *  l4ec  eorum 

*  aliquis  comparuit,'  that  is  every  day  held  to 
be  nought,  and  for  that  reason  we  say,  the 

*  Quili&t  eorum  suscepit'  is  necesmry  too,  and 
without  being  laid  cannot  be  given  in  evidence, 
and  if  it  be  laid,  it  ought  to  have  time  and 
place. 

L.  C.  J.  Treby.  The  default  of  appearance 
must  be  a  several  thing,  and  when  be  lays  it 
jointly  *  non  comparuerunt,'  it  may  be  true 
that  all  did  not  appear,  if  any  one  made  defaull ; 
but  when  you  charge  men  with  a  iact  done, 
though  in  the  plural  number,  yet  it  is  a  distinct 
separate  charge  upon  every  one. 

CL  ofAr,  Robert  Lowick,  those  men  that 
thou  shalt  hear  called,  and  personally  appear, 
are  to  pass  between  our  sovereign  lord  the  kinj; 
and  you,  upon  trial  of  your  life  and  death  ;  if 
therefore  you  will  challenge  them,  or  any  of 
them,  your  time  is  to  sneak  to  them  us  they 
come  to  the  book  to  he  sworn,  and  before 
they  be  sworn. — George  Ford. 

Lowick.     I  do  not  except  a&rainst  him. 

C/.  oJ'Ar,    Hold  the  book  to  Mr.  Ford. 

Cryer.  \jooV  upon  the  prisumer.  You  kIiqII 
well  and  truly  try,  and  true  deliverance  make 
between  our  sovereign  lord  the  kint;,  and  the 
prisoner  at  the  bar,  whom  you  shall  have  iu 
charge,  and  a  true  verdict  give  according  to 
your  evidence.     80  help  you  God. 

CL  ofAr.    Thomas  Trcuch.  . 

Lowick.  I  ha\e  nothing  to  say  against  him. 
(He  was  sworn.] 

CLrfAr.    John  Wolfe. 

Lowick.  i  do  not  except  against  him.  [He 
was  sworn.] 

CL  ofAr.    James  Bodington. 

Lowick.    I  challenge  him. 

CLofAr.    John  llaymoud. 

Lowick.  I  say  nothing  against  him.  [He 
was  sworn.] 

CL  ofAr,    George  Haw  cs. 

Lowick.  J  do  not  except  agaiust  him.  [He 
w^  sworn.] 

CL  ofAr.    Thomas  Glover. 

Lowick.    I  challenge  him. 


Trial  of  Robert  Lowick^ 


[290 


CI.  ofAr.    Blatthew  Bateman. 
Lowick.     I  do  not  except  against  him.    [He 
was  sworn.] 
CL  ofAr.    James  Partherith. 
Lowick.     i  challenge  him. 
CL  of  Ar.    Joseph  Blisset. 
Lowick.    I  challenge  him. 
CL  ofAr.    Alexander  Forth. 
Lowick.    I  challenge  him. 
CLofAr.     Francis  Chapman. 
Lowick.    I  challenge  him. 
CL  ofAr.     Nicholas  Roberts. 
Lojfick.    I  challenge  him. 
CL  OfAr.    Thomas  Playsted. 
Lowick.     1  ch&ilenge  him. 
.  CLofAr.    John  Hall. 
Lowick,     I  challenge  him. 
CL  of  Ar.    W  illiam  Partridge. 
Lowick.    I  challenge  him. 
CL  of'Ar.    Peter  llevigne. 
Lowick.     1  challenge  him. 
CL  tfAr.    Thomas  Moody. 
Lowick.     I  challenge  him. 
CL  ofAr.   Thomas  Ramage. 
Lowick.    I  do  not  except  against  bim.    [He 
was  sworn.] 

CLofAr.   Edward  Towneseod. 
Lowick.    1  challenge  him. 
CL  ofAr.    William  Gunson. 
Lowick.    1  challenge  him. 
CL  if  Ar.   John  Wyliome.  (He  did  not  ap- 
pear.)— William  Strode. 
Lowick,     1  challenge  him. 
CL  ofAr,     William  Wild. 
Ixtwick.     f  do  not  except  against  him.    [Ue 
was  sworn.] 

CLofAr.     William  Pitts. 
Lowick.     I  do  not  except  against  him.   [He 
was  suoru.] 

CL  if  Ar,     William  Smith. 
lA'u'ick.     I  do  not  except  against  him.    [He 
was  sworn.]  ^ 

CV.  if  Ar,     Moses  Cnok. 
Ixrwick.     I  challenge  him. 
CL  if  Ar.     Renjauiiu  lioltby. 
Ijowick.    1  do  nolAXcept  against  him.    [He 
was  sworn  ] 

CLifuir.     Elias  Ffctoher. 
Loukk.    I  have  notlif^g  to  say  against  bim. 
[He  w;js  sworn.] 

CLi^fAr.     Cii<'r,  countcz.    George  Ford. 
Cryrr.     One,  ^cc. 
CL  ffAr.     Elias  liiettlier. 
Crytr,    Twelve  j^'ood  men  and  true,  stand 
tou;ellicr,  aud  hear  y«Mirevi<lence. 

L.  C  J.    Now  tlic  rest  of  the  jury  that  bav«- 

j  a})pL':ii*e(l  are  dischur;;;;eii. 

I      CLofAr.     CruT,  make  proclamatiou. 

I      Crytr.     Ovtz,   If  any  one  can  inform  my 

lonls,  the  kiny's  justices  ot  Over  and  Terminer, 

the  king's  seinant,  or  ihe  king's   attorney- 

geiu-ral,  hefoir  this  inquest  be  taken,  of  the 

hiiih  Jioaou,   'hereof the  prisoner  at  the  bar 

blamis  in  licte  t,  let  thecn  ccue  forth,  and  they 

shall  b«^  iiea.il ;  for  now  the  prisoner  stands  at 

the  bar  u|M)n  his  deliverance,  and  all  others  tint 

are  bound  by  recognizauce  to  give  etidnce 


fw  High  Treason. 

m  prisoner  at  the  bar,  let  them  come 
I  give  their  evidence,  or  else  they  for- 
reco^izance. 

mes  of  the  tweWe  sworo  are  these : — 
Ford,  Thomas  Trench,  John  Wolfe, 
rmoDd,  Geo.  Hawes,  Matthew  Bate- 
lonas  Rammage,  William  Wild,  Wm. 
n.  South,  BcDJaminBoItby,  and  Elias 

Ar.  Robert  Lowick,  hold  up  thy 
hicb  he  did).  You  that  are  sworn, 
Q  the  prisoner,  and  hearken  to  his 
le  stands  indicted  by  the  name  of  Ro- 
ick,  late  of  the  parish  of  St  Paul  Co- 
len,  in  the  county  of  Middlesex,  gen- 
Ibr  that  he,  together  with  Christopher 
y,  late  of  the  same  parish  and  county, 
n;  Ambrose  Rookwood,  late  of  tne 
irish  and  county,  gentleman;  and 
i^ranburne,  late  ot  the  same  parish  and 
eoman,  not  harinff  the  fear  of  God  in 
rU  nor  weighing  tne  duty  of  their  al- 
but  being  moved  and  seduced  by  the 
u  of  the  devil,  as  false  traitors  against 
;  serene,  most  illustrious,  most  mild, 
.  excellent  prince,  our  sovereign  lord, 
the  Third,  by  the  grace  of  Gpd,  of 
,  Scotland,  France  and  Ireland,  king, 
of  the  faith,  &c.  their  supreme,  true 
tful,  lawful,  and  undoubted  lord,  the 
rve,  and  true  and  due  obedienccr  fide- 
illegiance  w  hicb  every  subject  of  our 
the  king  that  now  is,  towards  him 
lord  the  king  should  and  of  right 
bear,  withdrawing,  and  utterly  to  ez- 
,  intentling  and  contriving,  and  with 
strength,  purposing,  designing  and 
■^  the  government  of  this  kingdom  of 
I,  under  him  our  said  lord  the  kmg  that 
oyr Tight,  duly,  happily,  and  very  well 
ed,  altogether  to  subvert,  change  and 
also  the  same  our  lord  the  king  to  death 
1  destruction  to  put  and  brincf,  and  his 
Nihjects,  and  the  freemen  of  this  king- 
Bogland' into  intolerable  and  most  mi- 
lls very  to  Lewis  the  French  king  to 
te  and'  f'nthnil,  the  10th  da^  of  Fe- 
n  the  7th  year  of  the  reign  ot  our  said 
a  lonl  the  King  that  now  is,  and  divers 
ys  and  times,  as  well  before  as  after,  at 
lb  of  St.  Paul  Covent-garden  aforesaid, 
xmnty  aforesaid,  falsely,  maliciously, 
k,  and  traitorously,  did  compass,  ima- 
I  cootrive,  parpose,  design,  intend,  our 
I  the  king  tbat  now  is,  to  kill,  slay,  and 
;  and  a  miserable  slaughter  among  the 
subjects  of  our  said  lord  the  king, 
lOirt  this  whole  kio«;dom  of  England 
!  and  cause ;  and  the  same  their  most 
impioat,  and  devilish  treasons,  and 
m  compassiogs,  cuntnvances  and  pur- 
iwtnid,  to  fulfil,  perfect,  and  bring  tu 
(key  the  said  Christopher  Knightley, 
liawick^  Ambrose  Rookwood,  ami 
iCiaobame*  and  very  many  other  false 
It  Ike jarOTsankiiown ;  afterwasds,  to 
»  aae  lOdi  daj  of  February,  in  the 


A.  D.  1696.  [S8t 

year  abovesaid,  at  the  parish  aforesaid,  in  the 
county  aforesaid,  and  divers  other  days  and 
times!  as  well  before  as  after,  tliere  and  else* 
where  in  the  same  county,  falsely,  maliciously, 
advisedly,  secretly,  and  traitorously,  and  with 
force  and  arms,  did  meet  together,  propose, 
treat,  consult,  consent,  and  agree,  him  our  said 
sovereign  lord  the  king  that  now  is,  by  lying 
in  wait  and  wild,  to  assassinate,  kill  aira  mur- 
der :  and  that  execrable,  horrid,  and  detestable 
assassination  and  killing  the  sooner  to  execute 
and  perpetrate;  afterwards,  to  wit,  the  same 
day  and  year,  and  divers  other  days  and  times, 
at  the  parish  aforesaid,  in.  the  county  aforesaid, 
traitorously  did  treat,  propose,  and  consult,  of 
the  ways,  manner,  and  means,  and  the  time 
and  place,  where,  uhen,  how,  and  in  what 
manner,  our  said  lord  the  king,  so  by  lying  in 
wait,  the  more  easily  they  miirht  kill,  and  did 
consent,  as^ree,  and  assent,  that  forty  horsemen, 
or  thereabouts ;  of  whom  the  saitl  Christopher 
Knightly,  Roliert  Lowick,  Ambrofte  Rook- 
wood, and  Charles  Craiil»iirne,  should  be  four  ; 
and  every  one  of  them  traitorously  took  opon 
himself  to  be  one,  with  guns,  muskets,  and  pis- 
tols, loaden  with  gunpowder,  and  leaden  bul- 
lets, and  with  swords,  rapiers,  and  other  arms 
armed,  should  lie  in  wait,  and  be  in  ambush, 
the  same  our  lord  the  king  in  his  coach  being, 
when  he  should  go  abroad,  to  set  u|M)n,  and 
that  a  certain  auti  competent  number  of  those 
men,  so  armed,  should  set  upon  the  guards  of 
him  our  said  lord  the  king  then  attending  on 
him,  and  being  with  him,  and  should  tight  with 
them,  and  overcome  thf  m,  m  hilst  others  of  the 
same  rnen  so  armed,  him  our  said  lord  the  king 
to  assassinate,  kill,  slay,  and  murder ;  and  they 
the  said  Christoither  Knightley,  Robert  Lo- 
wick,  Ambrose  Rookwood,  and' Charles  Cran- 
hurne,  their  treasons,  and  all  their  traitorous 
intentions,  desi^^ns,  and  contrivances  aforesaid, 
to  execute,  perpetrate,  fulfil,  and  bring  to  ef- 
fect, afterwards,  to  wit,  the  aforesaid  ioth  day 
February,  in  the  7th  year  aforesaid,  at  the 
parish  aforesaid,  in  the  county  abi»vesaid,  divert 
norses,  and  very  many  arms,  guns,  pistols,  ra- 
piers, and  swords,  and  other  wea|)ons,  ammu- 
nition, and  trarlike  thint^s,  and  military  instru- 
ments, falsely,  maliciously,  secretly,  and  trai- 
torously did  obtain,  buy,  gather  together,  and 
procure,  ami  did  cause  to  be  bought,  obtained, 
gathered  together,  and  procured  with  that  in- 
tent them  in  and  about  the  detestable,  horrid, 
and  execrable  assassination,  killing,  and  murder 
of  our  said  lord  the  king  that  now  is,  att  afore- 
said, to  use,  employ,  and  bestow:  and  the 
same  premisses  the  more  safely  and  certainly 
to  execute,  do,  and  perpetrate,  be  the  aforesaid 
Christopher  Knightley,  with  one  Edward  King, 
late  of  high -treason,  in  contriving  and  con- 
spiring the  death  of  our  said  lonl  the  king 
that  now  is,  duly  convicted  and  attainted,  by 
the  consent  and  assent  of  divers  of  the  traitors 
and  conspirators  aforesaid,  the.  said  lOfh  dav 
of  February,  in  the  7th  year  abovesaid,  trai- 
torously did  go,  and  come  to  the  place  pro- 
posed, where  such  intended  atsatsinatkini  kill- 


I 
I 


I 


I 


ins'i  and  murder  of  our  bsuI  lord  ihe  Icings,  bjr 
lyma:  in  wait^  sbouUl  be  done,  pejpetnited  and 
committefi^  to  t iew,  &ee«  and  ooaefve  ihe  coq- 
Yeoiency  aad  Blncfs«  ai'ihe  same  place  for  Euch 
lying  in  wait,  assassination,  and  ktlling^,  thcrt? 
to  be  done,  perpetrat^^  and  conitniiteii  ;  and 
tliat  placet  being  m  vieweU  and  oUnerfed,  after- 
ward b«  to  wit,  the  isatDc  da^  and  \ear,  \m  ob- 
Starvations  thereof  tr>  several  of  tiie  »M  traitors 
and  couKpiratont  did  relate  and  impart,  to  wit, 
al  ilie  [»arish  aforepaid,  in  the  county  afnre- 
«aid  ;  and  the  aforesaid  Charle«  Cranburne  the 
came  day  and  year  there  in  order,  tba  isame 
execrable,  horrid,  and  detestable  asaa&iiuatmn 
fuitt  kilKnf^  of  our  sairi  lord  tlie  king-,  by 
the  traitors  and  conspirators  aforesaid,  the 
more  readdy  and  hohWy  to  execute,  perpetrat**, 
a.nd  conuDit,  advistjdly,  knowing^ly,  and  traitor- 
ousJy  did  bear  and  cflny  among  divers  of  thuse 
traitors  and  conspiratorci  forwards  and  back- 
wardi»|  from  some  Co  otbem  of  them,  a  list  of 
the  naroeji  of  divers  men  of  those  who  were  de- 
signed and  appointed  our  said  Inrd  the  king,  so 
ftft  aforesaid,  by  lying  in  wait,  to  kill  and 
nunnrler>  aptinst  ihc  duty  of  the  allegiaiii'e  nf 
ihein  the  »aid  ChiTstopber  Koigbttey,  Robert 
Loi^ick,  Anibruse  [tuakwood,  and  Ci»nrles 
CrAohurne  ;  and  against  the  peace  of  our  fiaid 
uovcrcigu  iord  the  kin^  thut  now  ts,  bis  crown 
and  Oignity«  iis  ii\m  against  the  form  of  the 
statute  ill  Hiicb  case  made  and  pruvided.  Upon 
this  indict ineui  hi;  has  been  arraigned ^  and 
tbereuiitij  balli  pleaded  Not  fiuilty,  and  for 
Ilia  triai  lintb  put  bituself  npc^n  Gird  and  the 
country  I  which  country  you  are  ;  your  charge 
is  to  inqtiire,  Mbeiher  he  be  guilty  ot  the 
high-trcn«on  whereof  he  stands  indicted,  or  not 
guilt)' :  if  yon  find  him  tcuiliVi  you  are  to  en- 
quirt*  what  goo<la  or  chatty b,  Undi4  or  tene- 
uientij,  he  had  iit  the  time  uf  the  high  tvea^on  i 
committed,  or  at  any  time  sinc^,  to  your  know-  ' 
ledjuft  ifyou  find  iiint  not  guilty^  you  are  to  I 
enquire  whether  he  fled  li>r  it ;  '»f  you  fmd  he  | 
fled  for  it,  ^ou  areta  in  if  n  ire  of  hi^  good<und 
chatteb,  as  if  yon  bad  lound  him  guilty :  if  yuu  i 
find  him  not  guilty,  and  thai  he  did  not  Hy  lor 
it»  yuu  are  to  say  ao,  and  no  more:  aud'hear 
your  evidciice. 

Mr  MoHtUoguc,  May  It  please  your  lord* 
ftbip,  and  yuu  geut)ein«o  of  the  jury  ;  this  is 
an  indictment  of  h»;;b  treason  a^iunst  Itofiert 
IfOwick,  jirisoner  at  the  bar  ;  and  ihe  Indict-  ' 
Dient  does  charge  him  with  oompaf-^og  and 
imaghiiog  ihetieulh  of  thf%  king,  and  eodea- 
vouruig  to  subvert  the  government,  and  iot>lave 
this  kingdom  of  EogUnd,  ami  brin^  it  under 
French  lyriinny  and  ulavery  j  and  toe  Indict- 
ment seia  forth  that  Roliert  .Lowiok,  the  pri- 
soner at  th«  bar,  tb«  lt>ih  of  February,  met 
several  f<tlae  traitor>i|  and  tht*re  consnlled  and 
treated  how  to  assagai oate  his  Majesty  i  and 
agreed,  that  forty  horsemen  do  get  together, 
some  to  utt3i4  the  fjfuards,  while  others  were  I 
to  a.ssassinute  the  king  iu  his  coach  ;  anti  the  I 
Indictment  charges  him  likewise  with  getting 
tog«;ther  horses  and  amis  for  this  pQrp4lc« ;  to 
tkia  be  bath  plesuled  Not  Guilty.    We  wtU  call 


our  evidence,  and  pruve  the  lact  ^;i 
and  we  do  not  doubt  but  you  will  db  yc 

Att.  Gen,  May  it  please  ytiur  lotdsliip,  ] 
you  gentletnen  that  are  sworn,  this  is  a» 
dictmeut  of  high  treason,  in 
compassing  tine  death  and  deslruclioa  ^ 
king ;  the  nature  of  our  evidence  m^k 
prifioner  at  the  bar  is  this. 

Ymi  will  hear,  gentlemen,  by  the  wi( 
that  about  Christmas  last  a  cou^spiracy  i 
aiga  was  set  oa  foot  to«9*ati&maie  tb 
aod  accordingly  to  accomplish  it,  th€ 
several  persons  sent  orer  from  Franc^l 
late  kiu^  Jauies,  who  were  purt  of  hiii  gua 
and  particularly  sir  George  tiarcley   w^a  toi 
thehe»d  of  them  ;  he  was  a  lieutenant  of 
guarils  ttierc,  uod  he  was  sent  over  in  i| 
Ust,  and  there  were  a  great  maoy  tri 
over,  who  were  to  be  under  hi^  directio 
ticutarly  Mr.  linrriB,  who  will  give  you  ^ 
count,  that  he  was  sent  over  by  ortler  of  J 
James,  und  he  waK  tntd  particularly  kin|^J~ 
had  a  sfrvice  far  him  to  do  in  England,|^ 
hoped  it  might  be  an  opportunity  to  t 
liHu.      He  was  to  observe  tlie  orders  i 
Gcwge  U  a  re  ley,  and  by  wl*at  lokeu  be  i 
know  hiai  \    be  was  to  meet  him  in 
garden,  and  he  was  told  he  might  find  I 
there  Awict^  a- week  in  the  square,  akmt 
o'clock^  alter  it  was  dark;  and  th^a  he  roij 
knnw  him,  he  told   him,   he  would   hats 
»hit^  huodkercbief  hanging  out  of  hi«  p( 
accordinj^ly  Mr.  Harris  came  over,  and 
Hare  came  with  bmi,  and  they  catne j 
meet  wjth  sir  George  Barcley  ;    and  (' 
getber  with  sir  George   Barcley,  and 
others  here  in  England,  Mr.  Porter,  Mr. 
nock,  and  sir  VVilliam  Perkins,  did  enter  i 
consultation  how  to  etfect  it :  Thert-  were  t 
ral  meotn>k:*i  about  it,  and  you  Mill  find  the  j 
soner  at  ihv  bar  was  at  several  meetiiigsj 
purpo«)e  :  ,'ind  tbey  thd  undertake  a'inoit& 
to  proviffe  &o  miiny  men  a*  mi>>ht  m:«ke! 
ttie  number  of  forty,  which  they  thoui^nt  sui 
cient  frirtlie  execution  of  this  dt^^ign. 

Gentlemen,  you  wdl  hear  th»t  the 
at  the  b;ir  did  trent  with  several  person 
engaged  in  it ;   particularly  about  the  i 
February!  he  Rent  tc»  one  Bertram,  3 
him  if  he  would  be  engaged  iti  a  de 
king  James *b  service^  that  woi  quicklj^ 
executed,  without  asking  of  que^^ions  | 
terwardii,  I  (hi&k,  he  undertook  be  weil 
about    the   Uth    of  February    Ue 
again,  and  tliat  was  the  day  bei«ire 
lime  they  intended  to  attack   the  kiu|p^" 
then  being  so  near  the  Uoie  when  it  w» 
be    executed,  he    thought    it  'firoper  t<i 
qii«kint  him  with  tite  thiug  be  btid  eogagtd  1 
in ;   and  l>e  ditl  acquaint  him,  that  the  i 
inort]ing  tbey   uere  to  be  ready  to  attack  ( 
king  and  bi^  guards,  and  bid  him  be  sure ^ 
get  bis  bofits  and  other  ihrnj^  ready  for  T 
purpove,  aikd  ho  gave  him  a  guinea  in  < 
it     Bertram,  it  iieems,  ou  the  15th  of  Fe 
did  not  cotue,  and  the  king  it  seems  did  | 
abroad  that  day,  so  t^j  were  disapp 


L  mcttr 


lltf  tioie ;  btit  the  8iiad«y  afler  Bettraiti  met 

tef  an^  IBr.  iiowtek  eomplfttiied  that  he  hud 

or  upen  the  Sblur^j  accordinjgr  as  he 

idertalceo  ^  ^ttA  he  lifhl  him  it  woiild  have 

anilte  ihin^,  he  would  Imve  disap* 

I  lliem  if  the  kint;^  had  been  in  the  field. 

....   ,  y(»u  shitll  6iid,  that  as  he  thus 

Mr.  Bertrani,  so  he  was  to  (irovide 

others ;   and  did  declare,  that  at  his 

0m  rharjre  be  liad  jjoi  two  or  three ;  he  com- 
of  it  as  a  hmrdship  put  upon  him,  thai 
l^tr.  Harris  had  6j.  a- day  sufatistence, 
md  »*»  only  to  take  care  of  himself,  he,  Mr. 
iMPick,  had  at  his  own  charges  engaged  and 
ITPYulet)  serenl. 

Yoa  viU  fiod»  gentlemen,  that  ^Ir,  Rook* 

wiiod^  who  was  tried  yesterday,   had  seversl 

Oicttrti^  about  it  with  Mr.  Lowick  and  Mr. 

Iltrris  ;    tbev  did  think  it  to  be  a  barbarous 

tint    ha w ever,  they  were  reaolveil    in 

id  the  {trjsoner  in  particulsip  snid 

V  orders,  thouj^h  he  lb  ought  it  a 

wvwickefi  tiling, 

(SciHlemer},  yoii  will  6nd  by  the  evtdeDce 
Wthe  matter  was  earned  on  ;  the  prisoner 
«ti  10  be  engaged  id  it,  and  did  not  only  em- 
l«rk  Kinu^lf  in  (lerson,  but  engagjed  others,  and 
id  trot  with  theiD  about  it.  We  8hall  cat! 
fvr  witiiessei,  who  will  ^ve  you  a  fiilJ  accoimt 
if  il,  aod  then  we  shalt  leave  it  wiih  you, 
vbv  we  question  not  will  do  jusliee.  First 
eyi  GtfOfgis  Harrfii*     [Who  appeared,  and  was 

SfL  wn.  Pray  will  you  g^ive  an  account  to 
ijlord  siui  the  jury,  whnt  you  know  of  the 
iMiDiM  aansMoalion,  and  what  part  the  pd- 
i^v  At  (ht^^  har  had  in  it? 

n  Begin  from  the  first,  and  tell 

mr  1 J  wlediye  as  y  o  u  d  i  d  y  e^terday . 

Hirrt^.  On  the  t4th  ol  January,  new  itile, 
I  vwtfrdered  to  wait  on  ktngf  Jatnea  at  din- 
orrj  alter  dinner  waa  over,  I  was  called  io, 
wfiere  waa  col.  Parker  and  Mr.  Hare  at  the 
ttone  lime,  and  king^  James  totd  tne  be  was 
tCTj  sensible  of  the  g^od  ser%nce  1  had  done 
I  ;  lod  now  he  had  an  opportuoity  fif  doing- 
hiog'  for  me  :  \  was  to  go  into  En  gland, 
'■  to  be  subsisted,  and  I  was  to  tbtlnw 
of  sir  f  Jeorge  liarrley  ;  the  king 
should  find  air  George  Barcley  iii 
^€ovait»gArden«  with  a  wbite  handkerchief 
"*  '  g-  out  of  his  pocket,  on  Moudays  and 
ay«  between  the  hours  of  six  and  seven 
evening-^  and  that  was  the  sif^n  I  was  to 
him  by  ;  and  he  ordered  me  to  jjo  to  Mr. 
Uiat  IB  secretary  to  the  late  <iueen,  and 
j-ker  went  along  with  me,  and  he  or- 
rtealewidores,  and  Mr,  Hare  as  much, 
\  Mr.  Caroll  srave  us ;  and  if  that  were 
ifficient,  or  if  we  were  wind -bound  at 
ii,  we  had  orders  to  a^jply  to  the  president 
if  Calais  to  im  fumi&ht^d  with  what  we  wanted  ; 
Mordingly  we  went,  and  the  wind  not  serv- 
tttf  wbrn  we  came  to  Calais,  we  were  forced 
lAitay  there,  and  our  charges  were  paid  to  our 
IttMUady  by  the  president  of  Calais,  according 

1l»tfaftoid«r  we  receired  at  St.  Garmaios ;  when 


the  wind  Rerveil  fair  we  went  on  hoard,  and 
oame  to  Rumney-marsh,  to  one  Mr.  Hunt'a 
bouse,  and  Irom  ihetice  be  tumished  us  with  a 
eoujdc  of  hones;  and  we  Game  the  sandy  way 
to  one  Mr.  Tucker*s«  and  from  thence  to  Mr, 
Cross's,  and  from  thence  to  Gravesend^  atid 
from  thence  to  London  t  we  came  up  in  tbt 
night- tide,  and  being  late  when  we  came  is 
town,  Sunday  night,  we  lay  at  an  inn  at  the 
lower  end  of  Gracechurch-street ;  the  nejcl  day 
we  went  to  look  for  sir  George  Barcley,  but 
not  finding'  him  in  Co  vent-garden,  according 
to  what  king  Jamea  told  us,  I  admired  at  it ; 
but  one  Mr.  Berkenhead  meeting  my  comrade 
ih?  next  day,  said,  sir  George  mrcley  desired 
to  see  us,  and  appointed  ui  to  meet  him,  which 
wc  did  that  uight;  where  sir  George  Barcley 
a^ked  us  how  the  king  and  queen,  prince  and 
princess  did  ;  he  told  us  at  that  time  he  had  no 
money  for  us,  but  in  a  few  days  we  should 
have  mone^;  ^^^^  accordingly  he  sent  uh 
money.  We  bad  five  guineas,  but  it  was  at 
twice  r  two  guineas  at  one  time,  and  three  at 
another,  and  this  was  for  a  month^s  subsistence 
at  fire  shillings  a -day,  guineas  going  tben  at 
thirty  shillings.  And  afterwards  when  major 
Holmes  delivered  «he  horse,  upon  Saturday  the 
16th,  we  had  another  guinea,  thai  made  up 
what  we  had  to  be  six  shillings  a<day  when 
we  had  horses,  and  five  shillings  a  day  when 
we  hud  none:  and  as  tor  Mr.  Lowick,  the  Qml 
^  turd  ay  which  was  designed  for  the  assassi- 
nation, 1  happened  to  he  at  Mr.  Counter*s 
lodgtn^^s  in  Holbouru,  a  confectioner^s  ;  and 
there  1  see  Mr.  Lowick  come  in. 

IHr.  Corny ert.  Who  l9dged  there,  pray^ 
Sir? 

Harrin.  Sir  George  Barcley  and  Mr.  Coun- 
ter  had  lo-ilgingfs  there  ^  and  Mi*.  Li>i«  ick  came 
in  there,  but  1  cannot  ny  be  staid  there  any 
time,  I  lliink  he  went  out  presently  at W wards, 
The  next  week  I  met  Mi .  f .owick  in  Red-Uon- 
fields,  and  discoursed  with  him  there  about 
this  matter,  and  1  told  him  what  a  harbarotis 
and  inhuman  thiuKf  it  was  that  we  should  be 
the  murderers  of  the  prince  of  Orange,  and 
that  it  would  render  us  odious  to  the  world, 
and  that  we  should  be  a  continual  reproach  to 
oursehtfs  ;  he  did  agfree  it  was  so:  but  in  con* 
elusion,  Mr,  Lowick  said  he  would  obey  orders, 
and  he  saiil  sir  Oe^irgc  Barcleyi  he  was  sure, 
would  not  do  it  without  ordci-s.  That  day 
when  we  were  walking  out,  we  met  sir  Geoi^ 
Barcley  aud  major  Holmcii  riding  in  the  high- 
way up  toivardii  Islington ^  and  we  spoke  Ut 
him,  f»r  Mr.  Lowick  told  me  the  thing  was 
dim^overed,  and  bis  name  was  given  up,  and 
other  genllemen^s,  and  J  think  another;  and 
BO  he  tokl  me  that  one  Harrison  told  him  i>f  it, 
and  forewarned  him  that  night  from  hiog  lo 
his  lodging  ',  and  he  tdd  him  that  he  believed 
it  would  uol  be  safe  for  tlit:  rest  tu  lie  in  their 
lodgings,  CM-  to  tl^t  <i:£^ect. 

Aft.  Gen,  When  he  said  be  would  obey 
orders,  what  was  the  discourse  about? 

Harrii,  We  were  talking  of  murdering  the 
prittce  of  Orange :  and  not  only  that,  but  I  da 


»73 


8  WILLIAM  m. 


Trial  qf Robert  Lamei, 


[888 


belieTe  that  Mr.  Lowid^  is  so  sensible  that  what 
I  say  is  true,  and  he  is  a  raan  of  so  mnch  oon- 
■cience  and  honour,  that  be  will  not  ooAtradict 
any  thingr  that  I  affirro  or  ha? e  said  here.  On 
Saturday  the  SSnd  we  dined  at  the  Castle,  a 
tavern  or  a  cook's  shop,  at  the  end  of  Red-lion 
fltreet.  I  was  much  in  a  sweat,  and  he  asked 
me  what  made  noe  so  ?   I  told  hini  1  bad  been 

fttinff  captain  Rookwood's  party  ready ;  and 
told  him  (laughing)  that  captain  Rookwood 
said  I  should  be  bis  aid  du  camp,  and  so  I  was 
getting  the  nteu  together :  savs  be  to  roe.  You 
may  very  well  do  it,  for  you  have  six  sbilliDgs 
a-day,  and  I  have  nothing.  Mr.  Lowick,  you 
know  what  I  say  to  be  true ;  I  know  not  why 
yon  lift  up  your  hands  ;  but  you  did  tell  me  1 
might  very  well  do  it,  having  six  shillings  a- 
day,  and  you  bad  nothing,  and  yet  brought  a 
couple  of  men  at  your  own  charge,  and  that 
their  horses  could  not  be  discharg^  unless  you 
went.  Thes(^  were  his  words,  my  lord,  or  to 
this  effect. 

Att.  Gen.  What  do  you  mean  by  being  dis- 
diarged? 

Harris,  1  mean  this,  that  I  believe  lie  paid 
for  them ;  and  they  were  waiting  at  a  house 
till  he  came. 

Mr.  Conyert.  Why  were  they  to  be  dis- 
charged that  day  ? 

Harrii.  The  reason  why  they  were  to  be 
discharged  that  day,  was,  because  captain 
Rookwoo«l  had  told  biro  before,  that  the  prince 
of  Orange  did  not  $ro  out  that  day ;  and  tben^ 
fore  we  went  together  to  walk  towards  Isling- 
ton. 

£.  C.  J.  What  day  was  that? 

Harris,  Tlie  second  Saturday  that  it  was  to 
have  been  executed.-  I  was  not  a  spy  upon 
any  matins  actions  :  J  cannot  tell  what  they  did 
any  more  than  1  tell  you  :  I  do  not  wrong 
yjo'u  any  way  in  the  world,  Sir,  I  am  sure 
on  it. 

L.  C.  J.  When  was  it  that  you  spoke  with 
Mr.  liowick  about  murdering  the  king  ? 

Harris,  It  was  Monday,  Tuesday,  Wednes- 
day, or  Thursday,  1  cannot  be  exact  to  the 
day,  but  it  was  one  of  these  days,  after  the. 
first  Saturday  ;  1  cannot  be  positive  what  the 
day  was. 

L.  C.  J.  Well,  it  was  between  i\\e>  two 
days  ? — Harris.  Yrs,  it  wa.s. 

L.  C,  J.  How  did  you  know  of  that  design 
of  murdering  the  kinjSf  '.' 

Harris.  1  was  informed  of  it  by  captain 
Hookwood  the  lirst  Saturday,  and  I  met  Mr. 
Lowick,  and  bad  this  discourse  about  it :  and 
afterwards  they  infiMined  me  that  Mr.  De  la 
Rue  did  not  lie  at  his  lodirinirs,  and  the  thin;;: 
was  discovered,  and  they  believed  that  Rue 
had  discovennl  it :  And  1  desire  you  will  call 
Mr.  De  la  Rue  as  to  this  matter;  for  1  believe 
be  will  own  it. 

Sol.  Gen.  How  came  you  to  trust  him  with 
such  u  discourse  ? 

Harris.  Because  we  met  there  at  Counter's 
lodgings,  and  we  had  several  times  discourses 
of  it  'y  there  was  miyor  Bernard  and  capt. 
3 


Rookwood  besides,  and  I  always  declared 
against  it  as  a  barbarous  and  inhuman  thing, 
not  to  be  answered  before  God  or  man,  and 
that  we  should  be  odious  to  all  the  world  if  the 
tiling  were  eiiectiid,  as  I  believed  it  would  not 
be.  1  would  never  shew  my  head  af^  such  a  • 
thing. 

SoL  Gen,  Do  you  remember  who  began  the 
discourse  of  this  matter  ? 

Harris.  I  cannot  tell  that.  I  cannot  come 
to  eveiT  particular. 

Sir  JB.  Shower.  You  said  just  now,  you  appre- 
hended Mr.  Lowick  to  be  a  man  of  conscieoce 
and  honour ;  pray  what  were  his  sentimeoti 
about  it  ? 

Harris.  His  sentiment  was,  that  he  would 
obey  sir  George  Barcley's  orders  ;  and  he  wai 
sure  sir  George  Barcley  would  not  do  it  wiUi- 
out  orders. 

Sir  B.  Shower.  Did  not  he  declare  it  to  be i 
barbarous  desigpa  f 

Harris.  I  cannot  remember  every  particohr 
thing  that  he  said  ;  for  I  am  not  a  spy  upon 
any  man's  actions. 

Loaick.  When  you  were  talking  of  that  de- 
sign  that  you  s|)eak  of,  pray,  did  I  consent  to 
aoY  such  thing? 

Harris.  I  tell  you  how  far  you  consented ; 
you  said  you  would  obey  sir  Creorge  Barcley's 
orders,  and  you  was  sure  he  would  not  du  it 
without  orders. 

Mr.  Mompcsion.  Diil  you  see  any  of  sir 
George  Barclay's  orders  ? 

Harris.  No,  1  did  not,  I  was  to  follow  hii 
orders  ;  but  what  orders  he  had  1  cannot  tell. 

Sol.  Gen.  What  did  sir  George  Barclay  tell 
you  you  were  to  do  ? 

Harris.  Sir  George  Barclay  declared,  oa 
the  first  Saturday,  that  we  were  his  Janizaries, 
and  talked  of  attackimr  and  bringing  awny  the 
garter:  I  cannot  say  this  gentleman  nas  by 
tlien  ;  and  afterwards  sir  George  Ban*]ay  went 
out  and  returned,  and  came  in  again  intn 
the  room,  and  tieolarcd  that  we  were  nienut' 
honour,  and  that  we  were  to  attack  the  prince 
of  Orange. 

Mr.  Alompeasoii,    Did  sir   George  Barcley 
give  the  prisonii*  at  the  bar  any  orders  ? 
j       Harris.  1  do  not  tell  you  he  did. 

Mr.  Mo?npcssy,n.  You'say  you  met  sir  Georpe 
\  Barcley   and   major  Holmes  upon    the    road 
going  to  Islington  :  How  do  you  know  the 
1  prisoner  was  there  ? 

Harris.  Why,  was  not  I  with  him  ?  I  am 

very  sorry  to  conie   upon  tliis  account  ;  bat 

;  you  ki»ow  it  is  trutli  all  that  1  saj'  ;  and  L 

.  am  sure  you  aie  sensible  1  do  you  no  wrong  : 

•  He  met  sir  George  Barcley  ajid  major  Holmes, 
,  and  be  went  down  and  .said  something  to  sir 
,  George  Barcley  iu  the  hiifbway,  what  it  was  I 
j  do  not  know  ;  hut  1  stood,  aud  captain  Rook- 

•  wood  and  Mr.  Bernard  said  something  to  him, 
■  which  you  very  well  know. 

I      Att.'Gen.  \Vhat  was  it  ? 

'       Harris,    1  cannot  tell,  Sir. 

I      Att.  Gen.  We  do  not  desire  you  to  tell  who! 

I  you  canuot  tell :  Is  this  all  you  know  ? 


^ 


Jor  High  Treaiwi* 

BmrrU^  It  is  ftit  «!  (irrsent  th&t  I  lecoltect. 
Sd,  Gtn,  TlicM  pm^  sureur  Mr.  Bertram. 

[Wliicb  was  done. 

Mr.  Confers,  Piny  will  yoo  (five  an  account 

t»uiy  turd  and  ihe  jury  what  you  koow  of  ibis 

intrtiLic<t   u^san^tDation,  and    bow    tliV  tbcf   pri- 

smiiT  wjii»  concerned  in  it« 

hrrtram.   ^\y    lord,  iibout  the  be^nnini;  of 
FcLrnmry  liLsl,  mujor  Lowjckeaiiie  to  tue,  and 
AikiMj  mt*  if  I  Wiiutd  c?3sp<Hii.ti  a  tbin^  with   huu 
ikit  inr^fhi  Ix:    tor  tny  advantage;  I   iold  hirn 
thti  1  thoui^Kl  J  mig^ht  espouse  any  ihiiig  that 
lM}llioiit:^hi  fil  loengMife  in. 
Mr   Mompessan.  Wiiom  did  yfvu  tell  so  P 
E^itam,    Major  I jo wick:  and   he  tolij   me 
k  iffS£   welL   and  desired  ine  lo  ask    nci  inure 
;  1  did  not  ;  btii  it  hl^ik  tm  to  the  I4th 
aary»  niiiu  he  desired  luc  to  Iw  at  tin 
At   IS  o'clock.     1  wus  so   iib'iut  tbtit 
Ke  was  »ol  within*  and  I  ^ta\  ed  till 
lit,  and  he  took  nw  up  into  his  chum- 
told  me  he  6thv'v#'d  tliey  should  ride 
•ottie  hi  lie  time  ;  and  he  told  me  lie  he- 
the  k*n;^  w*uj  to  b*?   seized  in  his  coach « 
g-ave  we  a  jt^uiiiea  to  buy  me  necessaries* 
X.  C.  J.  W  hat  nef.-esaanes  ? 
Bertram.  I  cannot  say  he  named  any* 
JH.  (Jen.  But  for  what  purpose  were  those 
liecesaaries  ? 

Bertram,  I  do  not  know  tliat  he  named  any 
tiuo^f  milr^cd. 

Ati.  Oen.  Well ;  did  he  letl  you  when  yoti 
mtrt  to  be  ready  ? 

Bertram.  It  you  please  to  give  me  leave,  I 
will  tell  you  :  lie  de«ired  me  not  to  be  out  of 
tke  way  ;  and  the  next  mornint,'  1  was  to  meet 
ktm  at  ilie  purl  house  iu  Hart  street.  1  did 
Ml  meet  biui  ;  ami  the  next  time  J  saw  him, 
1  am  not  positive  whether  it  was  the  ne\t  day 
the  fiflc^entli  when  1  was  to  meet  hint  iit 
reet,  but  did  not  8o  ;  but  the  next  time 
bim,  be  asked  me  why  1  did  not  meet 
cordtii;^  to  Ins  appointment  ^  1  told  him, 
some  reason  fibril;  aiid  he  noNwered  iiie 
p^Q^  that  be  iMitieved^  it'  tlie  king  had  been 
n  tbe  field,  I  would  have  done  the  same  ;  but 
1  have  not  aeen  biin^  sinee,  till  1  saw  him  at 
tiiebar. 

O^'ii.  Had  you  no  discourse  of  horses 
were  to  pr>vide  ? 
Ttram.  1  do  not  remember  any  particular 
thiik^  more  than  1  have  toUi  you. 
<  Au.  Gen.  Did  be  not  tell  you  what  the  de* 
-1^  wa^  you  were  to  go  about  ? 

Bertram,  lie  did  not  tell  me  of  any  other 
^angolhan  as  !  tell  you,  tor  he  believed  I  knew 
•fit;  I  thought  so  at  least:  The  tirsi  time  I 
loew  of  ii  wttN  fmni  IVlr.  Cliaruock, 

C,  X    What  did  he  tell  you  ivas  the  de* 
at  you  iiliould  engage  lu  for  your  advau- 
Upon  Friday  the  14th,  wheu  he  guve  yoii 
({uioea  f 

&riritm.  He  told  me,  he  believed  they 
ilMHild  nde  out  very  suddenly,  and  that  the 
■^  WM  to  be  seiseed  in  bis  coach. 

L,  C.  J,  Hid  he  tell  you  ivben  the  kiuj;  wa« 
»ob<  seized? 
VOL,  XiiL 


A.  D.  1696. 


[S 


the  I 


k    vo] 


Bertram.  No,  be  did  not  tell  me  >vheti }  but 
this  was  the  14th,  the  next  tuOrnin^  1  waa  to 
inef't  him  at  Hart- street,  but  did  iiot. 

Sot.  Gtn,    Who  did  he  tetl  you^tht;  Wmg  wnt 
to  be  steiz^d  by  ! 
-  Bertram.   Uc  did  not  nominate  atiy  otic  else, , 
for  he  t^bli^ed  me  not  to  ask  him  questions,  nor 
1  did  oot. 

Sol.  Gen.  Did  be  nami  himBelf  to  be  con- 
cern ei  I  ? 

Bertram.  He  named  himself  so  far  as  thai 
he  believe*!  he  should  ride  out  very  suddenly. 

S^L  Gett.  Was  it  tlie  tiitxi  iDOi-Ditig,  w  the 
next  day  P 

BertratN,    I  caDQOt  say  that  he  Ditmed  anj^ 
I  i^uriicularlime. 
i      All.  Gen,    Will  they  ask  him  &ny  (jiies- 

lioiis? 

Sir  U.  Shower.    No,  I  think  we  shall  not. 
Mr,  MiiUHtaguc.    Pray,  >Ir.  Bertram,  will 
you  answer  me  one  quoHtion,  UMiat  did  he  sav 
to  you  when  be  checked  you  lor  not  comin^f 
aecordinvf  to  his  appointu;ent? 

h*rtram.  I  took  it  as  a  kind  of  a  check  :  he 
told  ine,  that  if  thp  kmg  had  been  in  the  fields 
be  believed  I  would  have  done  ihe  same. 

SSir  B.  Shower.  There  is  one  thing  we  must 
a  little  ejcamine  this  gpnileii>ait  to  :  were  tvot 
you  under  a  necessity  before  that  tiu»e  tliut  he 
g;ave  you  the  gfuinea  ?  Pray  wljat  conditiou 
were  you  in  ? 

Bertram,  Under  necessity.  Sir  I  I  was  never 
very  plentiful  of  moirey  of  laie. 

Sir  B.  S/ttmer.     Did  he  never  give  you  m 
guinea  or  two  l^efore  iu  charity,  and  out  of 
I  Lomim-ssion  to  your  necessities? 

Bertram.  lie  has  i^veu  tfle  money  several 
I  times  befere :  and  I  believe  if  I  uottld  haie 
I  asked  bijn  for  any  money  ^  he  would  have 
I  giveu  it  me, 

Jtt.  Gen.  IV as  this  money  given  you  for 
charily,  or  for  any  other,  and  vv  hat  pur[H>se  f 
I       Bertrar/h    1  did  nut  ask  liim  for  uay  thing  ; 
but  he  gnve  it  me,  uud  said,  tiierc  is  a  y:uitiea  ta 
buy  yon  ueces«iiries. 
I      Att.  Gen.    What  was  the  discourse  before 
]  that  ? 

I      Bertram.    I  told  you,  he  said,  he  believ«d 
they  were  to  riile  out  f ery  sjiiddeuiy,  and  he 
believed  ihe  kioi;^  wtim  to  be  seized  in  hiscoach^ 
>  and  he  tlesired  me  not  to  He  out  of  the  way* 
I       Mr.  Coil  per.    And   A%hen  h«  gave  you   the 
'  guinea  to  buy   yt^u  necessaries,  was  it  Jiumo- 
I  diaiely  after  ihh  dis^coui'Se  / 
I       Bertram.  Sir,  it  was  at  the  same  time. 
!       iMuick.    Did  not  I  give  your  wife  a  guioeft 
two  months  helor^  this? 

Bert  rum.    Ves,  fciir;  1  acknowledge  I  was 
iutunned  you  did,  1  was  not  ni  town  theo, 
Lou.'ick\  Vmy  let  the  court  koow  that. 
L.  C  X  Did  be  tell  you  the  king  was  to  b« 
seized  in   his  coach,   beibre  he  told  you  they 
were  to  ride  out  very  suddenly  ? 

Bertruta.  No,  afterwards;  and  then  he  gave 
me  the  guinea, 

Sir  B:6hoaer.    His  words  are  not  coupled 
together,  thf)  h&\«  v}^  t^\ij)\^  Vi  ^\^^juqN^t% 
U 


I 


I 


I 


I 


29 1 J  S  WILLIAM  lU. 

X.  C.  X  K© ;  but  he  lold  biiti  tliey  wer«  to 
ridc!  out  very  ?iiiclileulyi  anil  Ihe  king  was  to  be 
seized  in  his  coach,  and  gpafe  him  a  guinea  to 
buy  him  neeessaries  nt  the  same  litue. 

1j.  C.  J.  Trebj/.  There  is  no  doubt  he  w«s 
engHged  in  ihe  design  v^ilb  ihi>»e  other  pei^onu. 
Mi%  C^nyers  Aod  altenvartb  h<?  itbuked 
him  because  ht-  had  not  met  htin  ;  nud  he^nid, 
it  vt  ould  have  been  the  same  thing  \i  ihe  kiiig^ 
bad  liecii  in  the  iiehL 

Mr.  Mount  ague.  What  day  in  the  week 
was  it  that  you  faited  him  ? 

Bertram,  It  w^a  on  a  Saturday. 
Juryman.     Pray,  my    hird,    we  desire  to 
know,  \vho  he  did  utide'rsttind  by  the  kin^  that 
was  to  he  seized,  i 

L,  C.  /.    What  did  he  call  ibi*  kin^  ? 

Bertram,  He  said  uothini^  Uui  the  king. 

/..  C.J.    Wbi  did  you  understand  by  that  ? 

Bertram.  I  leave  it  to  the  court,  I  urn  not  to 
interpret  ifiini^s. 

L.  C.  J.  Trtby,  Did  he  name  the  jirince  of 
Orange,  or  kiniJantes?  Did  you  think  ktn|i^ 
Jnmes  was  to  \w.  sclzeil  F 

Bertram,  My  lord,  1  tell  yon  w\\9X  be  said» 
1  am  not  to  interpret  his  words < 

Att.  Gen,  Do  yoa  believe  be  meant  kiu^ 
Jamefi,  or  thii  kin^,  that  wa^  to  he  seized  P 

Bertratn,  1  believe  it  mi^t  be  the  kittg^ 
bere, 

i.  C.  /.  Take  the  words  as  tboy  tre;  be 
ftfked  him  hetbre,  Whether  be  would  enijage 
in  ade>ipiihHt  niifjbt  be  fW  his  advantn^je? 
On  Friday  the  1  itb  of  February  he  metis  him 
at  bifi  lodging,  and  tells  bmi,  be  was  to  ride  nut 
suddenly,  and  that  tbe  king^  was  to  be  feizid  m 
bis  coach*  and  «ppftinted  him  to  meet  bini  the 
next  morning,  and  gAve  him  a  guinea  to  buy 
him  necessaries. 

Mr.  Mowpetjion,  Viiiy\  \iii%  not  Mr.  Lowick 
given  you  clothes,  linen  and  other  things  at  any 
other  time  f 

Bertram.  8ir,  you  hare  been  always  ready 
to  serve  me,  I  must  acknowledge,  and  you 
have  been  very  kiud  to  me* 

Lmkk.  i\  you  please  to  jsrive  an  account  of 
my  character^  whether  ever  1  was  guilty  of  any 
bloody  thing  ?^-- Bertram.  No,  Sir* 

Hir  B*  Shou'er,  How  long  have  yon  known 
Mr.  Lowick  f 

Bertram.  I  believe  1  have  kn«wn  him  tbj« 
SO  years. 

&T  B.  Shjimfr.  Wbat  behaviour  has  be  been 
of? 

Bertram,  He  has  always  had  very  good  be- 
haviuur,  and  the  best;  he  bas  had  tbe  best 
character  id' all  maokind. 

fi'ir  B.  Sh&rrer,  Did  yon  ever  know  him  in - 
cliood  to  do  a  rash  action  ? 

Bertram,  Never  in  my  lift. 

Sir  B.  Shtmer,  Did  yon  ever  kni»w  him  do  a 
m&ficiouB  action  ? 

Bertram.  No;  but  be  had  alwaya  the  eba* 
raeter  of  a  frood  man,  and  was  ali*nys  rpady  to 
StTve  Rny  man  in  his  neerssitres,  and  to  do 
^pood  ;  he  has  that  general  character  abrond. 

X,  V,  J.  Where  do*»s  be  live  f 


Trial  of  Robert  Londclt^ 


[29f 


Bertram,  He  lived  last  at  Brownlow-street, 
but  be  bas  no  wife  nor  family,  and  so  baa  di» 

fixed  being, 

L,  C  J,  What  was  bis  way  of  living? 
Bertram.    He  was  bi^  a  soldier,  and  bft^ 
been  abroad. 

L  C.  J.  Where?— ^frtroJM.  In  Ireland. 
L,  C.J.  In  wbo«e  service  ? 
Brrtram,  In  the  service  of  king  James. 
Limick,   He  knows  particularly,  that  oore  I 
was  n|xvn  a  party*  and  savwl  tive  officers  from 
being  killed  in  cold  blood. 

L.  C.  J,  W  bat  countryman  is  be?  i 

Bertram.  Yorkshire. 

Mr.  Motnpeixon.  Wat  be  aecounied  of  m 
cruel  or  a  bloody  nature  ? 

Bertram.  No;  of  n  quite  contrary. 
Jurtfttmn,    2^1  y  lovil  ;    I  de«ire  to  know  for 
wlmi  cause  be  gave  hiui  or  his  wife  a  gnineft. 

Bertram,  I  know  not  what  that  guinea  wa0 
for  that  be  gave  me  ihe  14tb  ot  February^  any 
oihervuse  than  as  I  have  told  you. 

Mr.  MumpeHon.  What  wus  the  guinea gt' 
to  your  wite  for  ? 

Bertram.  For  tlial  guinea  given  in  my  wife, 
it  was  out  of  hiii  own  kindness  and  goodness u^ 
my  raiiiily  and  me. 

'Ait.  it  en.  What  wii«  the  other  guinea  fbrf 
You  are  u|ion  your  oatb, 

Bertram,  Indeetl,  8ir,  I  cannot  tcU  ;  be 
it  me  to  buy  me  uecettaarit-s. 

yttt.  Gen,    Was  there   uotbing    ebe 
tioneil,  what  nece&iiaries  those  were  to  bo! 
Balram,  No,  Sir  ;  upon  my  oath  there 
not  any  particuUr  memioned* 

Att.  Oen,  What  made  bim  so  kind  to  yi 
pray  ? 

tier t mm.  We  were  both  born  in  a  tovrn, 
I  believe  we  are  near  relatetl. 

Sir  B.  Shimrr^    You   say  yott    are 
ppo|i1ef  nnd  have  l>een  long  acquainted, 
knew  him   in  irelatid;    prav,    did    yott 
know  thai  he  saved  any  oeople's  lives  ? 

Bcriram.  I  was  not  in  thut  activn  myscU 
hot  ntl  that  weir  in  it  gave  that  relation^  tliat  * 
was  very  fav  on  ruble,  and  dtd  wive  |^ople' 
lives,  parlicTiilarly  one  ca|ituin  Hartow, 
brouij^bt  liiui  and  other  prinooers,  and  I 
member  the  thing :  it  was  about  a  fortnigl 
before  the  buiines**  of  the  Boyne,  upon 
day  morning,  that  they  tnok  those  prisonfn^ 
and  be  did  persuade  sevenil  ftarties  tb:)t  I 
commanded,  to  decline  kiklin'4  as  inucb  i 
they  couhl :  J  was  not  in  this  actimi,  but  this 
heard  ol  all  that  were  in  it,  and  from  tbe  pri« 
aoner. 

^>/,  Gen.  When  be  gave  you  that  guii 
did  not  be  speak  any  thing  ot  a  hofse  that  wi 
to  be  provided  for  you  ? 

Bertram.  Not  a  word ;  i  never  did  see 
horse  upon  that  account,  nor  was  I  master 
a  horse,  nor  w&s  \  luld  I  should  hare  a  burse 
any  respect  wliotsoever, 

Jttriffltan.  How  could  you  ri«le  out,  a? 
say  they  were  to  do,  without  a  hoi^e,  or  will 
ont  kdoWiut^  any  tbing  of  a  borec  to  be  pro* 
vidcd  for  you  ? 


* 

1 


Bertrmn.  I  dW  not  know  of  a  bursf. 

L.  C  X  Bnt  be  said  you  were  lo  ride  out 

Bertram,  No  :  he  saidiQ  geoem),  we  should 
lide  out  suddenly. 

^If.  (xtfti,  VVtio  was  til  ere  besides  yourself? 

Btriram,  Nobody* 

Aii,  Gen.  Tbcn  that '  we'  must  mean  you  and 
litm.  And  how  were  you  to  riile  out  \i  ithoul 
«  borse  f  Fray  inind  whol  you  swear. 

Bertram,  I  wm  lo  meet  biiii  the  uejsft  moro- 
iBg,  but  did  not. 

Mi*  Gin.  Pr»y,  wbat  could  you  iiiider»tand 
tribal,  that  vou  were  to  ride  out  suddenly, 
iiid  bad  no  horse  ? 

Bertram*  Thai  was  understood,  Lbat  if  I  (lid 
ndie  out,  1  must  hate  a  horse. 

Mi*  Gen.  Who  should  you  have  it  from  ? 
Had  you  a  horse  of  your  own  ? 

Bertram,  No,  I  bad  not. 

Mi*  Oen,  Did  yoo  iutend  to  hire  a  faorae  ? 

Betiram,  No,  I  did  not. 

4il.  Gen,  Did  not  you  ask  where  you  were 
Ulnrtii  horse? 

BtHmm^  No,  I  did  not  ask  nor  Inquire,  nor 
iliit|irOiiiif>edme  I  khoutd  have  a  horse. 

Sit  Gen*  Did  be  lell  you  where  you  were 
Iftridef 

Biriritm,  The  next  morning'  I  was  to  meet 

Mt.  Gen,  For  what  ?  To  ride  out  was  it  ? 

Berlram,  1  cannot  rt-ally  tell  whether  it  was 
iipiQ  that  account  or  not. 

Att^Gen.  Whether  did  he  tell  you  where 
W  waa  to  ride  f — Btrtram.  Indeed,  he  did  not, 

Jmryman.  It  is  very  straoj^e  thiit  you  <Md 
iOtiik  him  where  be  was  to  ^,  nor  ask  him 
for  %  borse. 

Btrtram.  I  was  so  senseless,  thiit  I  neither 
lid  tak  him  about  a  horse,  nor  ever  knew  of 
■ntbai  was  to  be  provided  for  nie. 

Jarymfifi,  Did  you  understand  what  was 
Ooikt  by  the  riding  out  suildenl^  ? 

Bertram.  I  did  take  it  tu  be  about  the  husi- 
MK,  the  seiziDg  of  the  kin^. 

Juryfftonr  Did  he  compare  it  to  attacking 
him  ia  the  tieUJ  ? 

Bertram.  No,  he  did  ,not ;  hut  he  said^  he 
Wliered  the  king  would  be  ficized  in  his  coach  ; 
be  made  no  C4»mparii3ons. 

Mr,  Mttunttigue.  Pray,  Mr.  Bertram,  why 
did  you  not  meet  hiiu  ?  What  reasons  had  you 
for  Dot  doiu^  it  T 

Bertram.  I  thouglit  it  not  reriuisite  to  meet 
lufln. 

Ilr.  Mountague,  What !  had  you  do  mind 
t0  tbe  thiugf 

Bertram*  No,  I  had  not ;  because  t  thouglit 
the  t bio jf  very  unlawful. 

Att.  Geti.  Pray  what  was  that  thing"  you 
Ipeakof,  tbatjouthouurht  wasunluMfylf 

Bertram.  I  thought  it  was  about  seizing  and 
Hlliotf  the  king. 

L.  C.  /.  I'ray,  mind  ;  there  is  nohody  de- 
Brca  you  shimfd  Kjicak  more  than  the  trulh; 
W  on  the  other  side,  being  upon  your  oath, 
joa  ire  to  speak  the  whole  truth  ]  for  if  you 


t 


conceal  any  partof  the  truth,  though  you  have 
A  kind ti ess  U r  y ciu r  co u nt ry man ,  Mr.  Lu ^\  i ck, 
who  has  beeu  kind  to  you,  you  will  forswear 
yourself,  tor  you  ntakc  adilferentveprf^*iitattafi 
of  the  uiaticr,  and  make  it  appear  t^uite  other- 
wise then  it  is ;  pray  do  not  strain  one  tittle, 
hut  let  us  have  all  the  truth. 

Bertram.  1  do  nut  hrlieve  I  strain  one  bit. 
Mr.  Moufiiuguc.  TheuteUmy  liird  why  yoQ 
did  not  meet  hiai  ? 

Btrtram,  I  did  believe  It  was  about  sei^in^ 
and  kilhng  the  king,  and  I  did  think  it  to  be 
illeu'al. 

Mr.  Mountague.  Why  did  you  think  it  was 
ahout  that  ? 

ihrirum.  Because  Mr,  Charnock  had  told 
me  of  it  before. 

Att.  Gen.  How  did  you  know  that  was 
what  Lowick  suiike  to  yoit  about  ? 

Bertram.  1  did  suppuse  it  to  he  the  same, 
because  he  desired  me  at  first  to  ask  no  ques- 
tions, no  more  did  1  ;  but  I  look  it  always  to 
be  the  same  thin^. 

AtL  Gen.  What  did  he  say  to  yoo  ? 
Bertram.  He  told  me  he  had  a  business  to 
propose  to  me,  if  I  would  cu^ag^e  in,  that 
would  l»e  for  my  "advania^e,  but  I  iiivist  ask  no 
oua'^tious  ;  talked  of  riding  out  suddenly,  and 
that  the  king  was  to  he  seized  in  his  coach: 
and  having  heard  of  ii  from  Charnock,  J 
thought  it  was  the  same  husiot^s^. 

Att.  Gen.  Then,  my  lord,  we  have  one  wit- 
ness more.  Call  capl.  PiKher.  [He  did  not 
ap(»ear.]  If  he  does  not  appear,  we  shall  lei 
them  go  on  J  and  ivheu  he  comes  m,  we  cau 
ex  ami  lie  him  afterwards, 

L.  C.J*  Is  he  a  lu  uteri  ul  wiliiess  ? 
Sat.  Gen.  We  do  apprehend  he  is  a  very 
material  witness. 

L*  C*  J.  If  you  thiuk  hi  in  a  material  wit* 
tiess,  it  will  not  be  propter  for  iheui  to  enter 
ujmn  their  dett'nce,  till  they  have  h«iird  th« 
whole  aecu^tion. 

The  Court  staid  for  Mr.  FisherS  coming  for 
near  an  hour,  and  at  last  he  came  in  and  was 
sworn. 

L.  C.  J.  Who  is  Ibis  ? 

Alt.  Gen*  This  is  ooecaptnln  Fisher. 

SoL  Gen*  Pray»  catilam  Pi*^]itrr,  do  you 
know  Mr.  Lowick,  tlie  inisoncr  ut  the  bar? 

Fiihcr.  1  have  not  lalkt^d  vviJj  Mr.  Lowick 
since  the  8th  of  Februuty,  and  then  he  talked 
that  he  would  be  rearly  to  :3crve  his  master  to 
the  uttermost  of  his  power. 

Ait.  Gat.  What  master.^ 

FUher.  King  James. 

Att.  Gen.  VVhai  particular  aerfice?  ^ 

Fuller.  Henameu  uo  particular  service,  bat 
ouly  that  he  would  be  ready  lo  serve  hts  mas- 
ter to  the  uttermost  of  his  puwcr. 

Att.  Gen.  Where  vvas  this  T 

Fiihcr,  At  the  Cock  in  Bow  street. 

Att.  Gen.  Who  wasiu  company  f 

Fisher.  There  was  Mr.  Harrison, 

Att*  Gen.  Fray,  give  au  account  of  what 
you  kaow  Qf  ituf  barbaroui,  bloody  d«si|^a* 


I 


295J  S  WILLIAM  IIL 

F'uher,  I  h^Iifirc  ibere  waa  a  design  to  seize 
the  prince  of  Orange. 

Au.  Gen,  Wlial  do  you  know  of  tt?  You 
•ay  you  Iw^lieve  it, 

FUher,  I  believe  it  by  my  kiiowte<lge,  be- 
cause I  w«s  concerned  in  it. 

At(.  Gen.  By  wboin  was  lb  at  design  ear^ 
rjtid  on  ? 

Fiihcr.  By  sir  George  Barcley  and  Mr. 
Harrison. 

L.  C.  J.  T\'bat  ^a5  \\ie  desig-n  ? 

Fisher.  We  were  to  tall  iijioo  the  prince  of 
Orange, 

L.  C,  J.  Von  called  liim  so,  lUe  prince  of 
Oraiige? — Fisher.   Yes,  my  lord, 

Att.  Gen.  Well^  u*!l  us  whni  bappened. 

Fhher.  Jt  WHS  to  have  l>€en  dono  the  irith 
of  Febnmrv,  and  we  mei  accord ing:ly  the 
14th,  but  tlie  king  nut  g^ing  abroad,  it  was 
pwt  off. 

Z.  C.  X  IVho  met  on  the  14th  ? 

Fiihrr.  I  met  only  .Mr,  Harrison  and  sir 
George  Barcley,  then  it  was  put  oft'  till  the 
i2nd;  iiiH>ii  ihe  Slvl,  we  met  at  tbe  Thrfu- 
TitiiB  in  nolboro,  and  from  tbencewe  came  to 
the  SSim-tiifern  m  iho  Stmoil,  and  tbcre  was 
nnlnidy  but  Mr.  Hurrison  and  1  tojjelher,  and 
sir  George  Bnrcley  c«me  to  us;  I  believe  tbere 
were  about  14  or  16  in  the  house  ;  there  sir 
George  Barcley  tobl  me,  iVlr.  Lowick  was  to 
meet  me  and  two  more  at  an  inn  by  St.  GiUs't 
Poimd,  and  that  we  were  to  go  together  to 
fieize  tlie  prince  <d'  Orange  tbe  92ud. 

L,  C.  J,  Did  }'on  meet  bim  ? 

FUher.  I  did  not  meet  him,  it  beings  put  off 
by  tbe  king's  not  ^oing  abroad. 

L,  C.  J,  This  does  not  afl'ect  Mr.  Lowick 
at  alL 

Att.  Gm.  It  does  not,  we  acknoxrledfre  ♦ 
but  at  that  time  which  you  apeak  ol,  the  8lh  of 
February,  had  you  any  knowlcdg'e  uf  the  as- 
sassi nation  ? 

Fisher,  There  waf»  no  nssassination  at  that 
time,  at  least,  it  was  not  then  declared. 

Att,  Gen*  What  was  your  discourse  about 
then? 

FUher.  There  was  notice  of  the  king's  pre- 
parinj;  to  come  for  England. 

Ati.  Gen.  You  sny  Mr.  Harrisons a» Ibere? 

Fixher.  Yes,  and  talk t'd  verv  little  ab^ut  the 
matter,  but  ordy  that  there  uVre  preparations 
for  the  kinjjfV  cominjr, 

Att.  Gen.  What  did  Lowick  say  to  you  ? 

Fi%her.  1  have  told  you  all  tliat  Mr.  Lowick 
said  tome. 

Att*  Gen.  Rejteatit  af^in. 

Fhher.  He  aaid  he  would  he  ready  to  scrye 
bis  master  to  Uie  uttermost  of  his  p«^ver. 

Mr-  Cowper.  Had  you  no  discourse  about  an 
act  of  parliament  ? 

Fiiifi^.  Mr.  Lowick  said  it  waj3  not  conve- 
uient  to  talk  wilb  mnre  than  one  at  any  time,  tor 
there  wrt«  an  act  of  jmrliament  on  ibui,  lliat 
under  two  wtliie$s(^8  nolliing  should  atfect  a 
Oiau's  lite  in  treason. 

Att.  Gen.  The  act  of  pailiament  was  then 
a- makings 


Trial  of  Robert  lAmck^ 


t« 


X.  C.  X  When  Mr.  Lowick  sairl  he  woul 
Berre    hia    master,  what  discourse  had   y 

about  it  ? 

Fiiher.  Mr.  Lowick  said  uot  a  word  wifhtii 
bul  at  the  door  he  aaid  be  would  ser?e  hts 
ter  to  liis  power. 

Att.  Gen.  What  was  that  they  would  tw 
talk  with  above  one  at  a  timef 

Fisher.  N  othin^  that  was  Uinught  treasonaU 
practices  sboubl  bt^  discomsed  before  abo?e  01 
at  a  lime  ;  f-o  I  understood  Jt 

Sol.  Gen.  Tbcn^  my  lord,  we  hare  done. 

8ir  B.  Sh<fU€r.  May  it  please  ^  our  lord«bi|, 
avvft  you  gentlemen  of  the  jury  ;  1  am  oCcoutt 
sel  ill  itiiM  case  lor  tbe  jiriJioner  at  the  bar,  arii 
we  do  hope  here  is  not  evidence  sutftrifiit  tl 
conwict  him  i>f  hi|;h  treason ;  the  <pie>tian 
not,  Whether  there  wa**  a  plot  or  a  conspiracy 
to  assa^inate  (tie  kinj^,  or  to  prepnre  for  sn 
va^ioii ;  but  all  that  ^ou  are  to  consider,  (m 
tlemcn,  is^  whether  the  evidence  aj^^iiiist  Ml 
Lowick  be  suOieieut  U*  convince  you^  that 
did  desifjn  tu  seize  and  nsHjissinale  the  king 
ibere  are  three  wiinesjies  proituced  j  but 
think  til  is  la»t  witness,  Fibber,  his  testimoa| 
does  not  hurt  him  in  the  b  ast.  We  know  yot 
b»rdship  will  deelare  and  direct  the  jnry»  thi 
the  evidenc  e  in  a  case  of  treason  ou^ht  t»  I 
pl;iio,  not  only  willi  resfnE^'t  lo  ibe  fact,  that 
was  d<»ni*,  but  also  of  »ucb  fact*  as  are  the  e» 
dences  of  a  mun^s  intentiunK ;  and  those  ai 
not  to  be  const iiied  by  strainsj  and  tn1endiiM>0l 
or  implications,  unless  they  be  such  aa  ffi 
dently,  naturally,  and  to  common  undemlaiid 
\n*;^  express  tbe  intention,  it  cannot  he  gol 
evidence  in  tieanon  :  now  we  say,  that  mptal 
Fiabf'r  has  said  nothing  at  all  that  will  afl^ 
tbe  prisoner;  for  all  ihat  he  tn\ys  is  that  tf 
8th  of  Febniarv  be  said  he  was  ready  to  ser 
his  maxter  to  ibe  utmost  of  his  }>ower,  and  aiV 
words  as  well  as  these  may  be  om si  rued  I 
mnke  a  mati  g^uilly  of  treasonable  mtentionl 
fi>r  it  miebi  be  a  recollection  of  favours  recei' 
ed,  or  it  uiltf ht  lie  a  (rrateful  intent  to  seive  ht 
upon  particular  occasions ;  but  that  is  no  el 
dence  \\{yon  this  indictment.  Suppose  it  wai 
serve  bim  upon  the  su|>posed  intended  inrasioi 
yet,  Hitb  Rubmis^irtn,  that  is  not  evidence 
tbe  overt-act  laid  here;  here  is  no  overt-i 
mentioned  of  preymrinii  arms,  or  encouragii 
niein  or  seducinpf  tbe  king's  subjects,  in  ord4 
to  the  Utter  restoriugf  of  the  late  king^  J 
or  tbe  expected  iandinsf  of  Llie  French,  or  t| 
litve.  AH  that  is  laid  to  tbe  prisoner's  ch: 
IK,  the  compassing  the  kiny^^s  death,  and  a  d 
sign  to  assassinate  him  in  bis  coach ;  and 
order  to  the  assassination,  be  was  to  buy  an 
and  bok^es :  now  all  that  he  says  is  quite 
another  nature,  of  a  ouite  different  strain,  ai 
has  no  tendency  in  this  mutter;  and  nolhii 
be  says  Itiat  Lowick  should  say»  btit  m  app 
cable  the  other  wa\,  and  lends  more  natural^ 
to  the  iniasion,  Ihan  to  tbe  assa^isiniitiirii.  Yoi 
lonl^bip  olMierveR,  there  was  some  noltce  takf 
of  what  Mr.  Lowitk  should  say,  concernin 
tbe  art  of  parliament,  that  be  v>onld  not  Cal 
with  above  one  at  a  itnie  :  how  far,  wheD  If 


2)TJ 


Joy  High  Treasm* 

h  eoooernetl,  such  loo^e  discnurse  ought  lo  be 

infofced  before  a  jury,  I  must  leave  to  your 

for<Uhip;  thou^^h  n  man  miiy  he  iunocent^  yet 

lie  iiia\   be  cautiooi^  and  the  more  innocent, 

p«Hisp»  (lie  more  cautious;  but  that  ia  nppli- 

cMe  to  the  invasion  too,  and  has  no  rHalion  to 

tH«  treuoD  in  this  indict  ment  mi>re  thitu  any 

flilief*    It  sliewfi  he  %vhs  more  wnry  than  f^ther^ 

wifre,  but  it  is  not  appljeatile  to  I  he  fact  that  he 

mw  <taaJ$  char^ecl  vvilh.     Thi-n  the  whole  of 

the  evitience  dependB  ujjon  the  testimony  nf 

Mr.  Hai-ris  ftnd  Mr,  Bertram;  and  wetliink 

ihey  aje  not  two  wttnesse*  to  one  thm;»',  and 

wbjit  they  lay  must  be  strained,  and  intended, 

lad  pxetiimed,   to  make  evidence  ot^  treason  ; 

fbr  firbat  Mr.   Harris  ^ays  about  the  dtseourses 

Wtiviecn  bjm  and  the  bte  kin^  James,  about 

meiniig^  ordern  from  b\v  George  Bareley,  and 

_  t  over  trum  France,  and  the  several 

Tand  Mr.  Hare  travelled,  aud  the  dis- 

t  between  «ir  George  Barcley  and  Iiita  : 

'  yovtordship  will  acquaint  the  jury,  that  is  no 

fTidmce  to  aflect  Mr.  Lowick,  nor  \s  hat  Ber- 

Imbead  and  Hare  aifre*?d  upi>n  dwe>t  any  way 

I  l4eci  Mr.  Lowick  ;  for  those  thinjrs  may  he  nil 

,  and  yet  Mr.  Lowick  innocent  of  wlmt  he 

audi  charged  with   in  t1u!$  indictment ;    he 

riayi.  That  upon  the  first  Saturday  be  law  Mr. 

}^wick  at  llie  confectioner's,  hut  lie  cannot 

•ty  be  staid  thereat  all;  there  wa?$  not  a  word 

ipoJlvn  by  Mr.  Lowick  that  he  remembers  then ^ 

,  vnt  whitt  he  ^ys  that  !«eems  to  touch,  and  the 

I  Boly  ibmiT  that  touches  Mr,  Lowick  in  all  (his 

ce  is*  thai  ofvon  Monday,  Tuesday  *  WttU 

'  or  Tlnu'silay,  it  is  a  pretty  brge  lime, 

eft  the  1 3th  and  the  22iid,  he  wam  talking- 

I  Mr.  Lowick  about  the  barhnrity  of  this 

and  that  L^nvick   aAer  all   said  be 

\  «ou)d  obey  orders  :  now  with  wuhmission,  my 

Wd,  lo  make  that  to  have  retation  lo  the  as- 

■WtiatioD  must  be  by  a  forced » strained  intend- 

JMoi;    he  doea  noi  declare  what  the  orders 

J ;  nay,  be  does  not  affirm  there  were  any 

ri  for  the  aasaasuinlioni   but  only  that  he 

[  woald  obey  orders ;   here  is  no  order  by  writ- 

I  bf,  no  order  by  parole  that  i^Ir,  Lowick  c!e- 

dared  he  would  obey.     As  to  what  Lowick  de- 

cUred  about  hi!»   intention  of  ridiof^  out  and 

'  the  kini;  in  his  concht  that  cannot  he 

;  llie  order  lliai  he  was  to  obey  tu  as- 

!  the  kingf,  ihnt  order  dr^es  \wt  apjiear; 

there  are  no  footsteps  of  it  in  all  the  cv  itlence ;  wj 

lli»t  there  i*  nothinj;  in  testimony  that  wdl  hurt 

Mr.  Ix>M'ick;  then  upon  (be  *Hu*\,  when  they 

niiifd  toj^elher,  Mr.  Harm  says,  ihai  there  was 

*"        -se  of  two  men  ;  but  it  docK  not  appear, 

the  witness  give  any  ac^^onnt  vvhat 

» two  met!  were  to  be  f*»r  :  it  is  true,  two 

men  he  was  to  ^ct  clinchar^rod  ;  hot  that  h  not 

^  ttidence  that  tlieie  men  were  lo  make  a  part 

of  thoie  forty ;  neither  the  words  before  nor 

(Wcirds  ufter  ran  have  that  conf>iruc<ion  ; 

.it  does  not  uppear  it  ua«  for  any  pnrpo!?e 

now  in  the  case  of  life,  whi^re  a  man 

ndi  at  the  Uir,  we  hoj>e  f^uch  an  evidence 

dl  not  be  consti'ued  to  make  a  |>root*  of  a 

[imioiiable  intetition,  that  thc^  vere  to  as- 


D-  1696. 

sassinate  the  kinjr,  or  to  make  part  of  the  forty 
that  were  to  do  it ;  m  hen  it  does  not  ap}>ear  they 
were  Ibere,  nor  who  they  were,  nor  any  %ovt  of 
notice  taken  or  g^iven  upon  what  account  they 
were  pnivided.  And  then  as  to  Mr.  Liertram^g 
evidence,  it  is  palpable  that  bi*i  evidence,  and 
whatsoever  he  says,  cannot  amount  to  make  one 
witness  to  prove  an  overt-act  within  this  staiutei 
and  that  there  must  be  two  witnes^ses Jhe  law 
ret} ui res.  What  d<jes  Mr.  Bertram  say,  to 
prove  any  man  gruilty  of  treason,  but  only  by 
intend  me  lit,  tlioucrht  or  suspir  kin  ?  it  is  true, 
Mr.  Bertram^s  evidence  would  be^'Hwf  enoug-h 
to  commit  a  man  upon  sii*;picion  of  treason,  hut 
to  convict  him  it  eannoi  be.  He  sayK,  that  in 
the  beifinningf  of  February  he  spoke  to  him, 
and  told  him  he  would  employ  biin  in  a  busi- 
ness that  would  lie  for  hi^  a«lvunta*^e,  but  he 
must  ask  no  (questions:  Tlifs  is  very  dark,  for 
the  meaning^  of  it  does  not  appear  what  was  in- 
tended by  it ;  it  mij,4it  be  one  thing  as  well  as 
another;  it  might  be  to  employ  him  in  his 
Gimily,  or  it  mi^ht  be  to  send  bini  of  a  journey, 
or  it  nn'sfbt  be  the  taking  of  a  farm  ;  but  lo  ap- 
ply that  as  an  evidence  of  a  charge  of  high 
treason,  that  we  think  is  very  hard,  and  we 
hope  your  lordsbtp  wdl  think  so  loo :  but  then 
he  coines  and  tells  vou  further  of  a  discours* 
upon  the  14th,  of  bis  ridinjj  out  suddetdy,  and 
thai  the  king  was  to  be  seized  in  his  coadi ;  but 
he  does  notsay  that  he  was  to  seize  him,  nor  ttiat 
he  would  be  concerned  in  it,  nor  that  be  knew 
of  it,  nor  diit  declare  at  what  time  it  was  lo  \m 
done,  nor  any  thing' certain  whet  her  it  was  a 
prophecy,  or  a  dream,  or  a  story  that  he  re- 
lated a^Vin,  or  what  it  was  ;  there  is  no  con- 
nection between  the  riding-  out  suddenly  ^  and 
the  otiiej-  words  of  seizing"  the  king"  m  his 
coach  :  Then  be  ways  be  gave  him  a  jjuinea  to 
buy  him  necessaries  ;  the  man  acknoi%  ledges 
^Ir.  Lowick  several  time^  had  j^iven  him  in 
charity,  money,  cloaths,  and  other  thinijs,  and 
gave  his  wife  a  guinea,  as  you  idwwrvp,  in  cha- 
rity ;  but  he  gave  him  this  n^uioea  on  purpose 
to  buy  him  necessaries;  and  it  is  hard  thai  a 
man^s  charity  to  a  country luao,  to  a  townsman, 
lo  an  ancient  ac<juaintance  of  twenty  years 
standingf,  lo  a  persfin  that  be  bad  been  familiar 
with  formerly,  and  known  to  have  lived  well, 
should  he  misinterpreted  aufl  strained,  to  make 
it  a  jfiving:  him  money  as  subsistence,  and  are- 
'  ward  ftir  the  doin|rf  such  a  mtschievous  bloody 
I  act :  we  say,  his  chsrriLy  to  ihiji  man  formerly 
I  is  tnconsisient  with  the  supposition  (hat  he 
could  be  privy  to  such  a  baHj^irous  desig^n  now  ; 
and  we  hope  the  jury  will  consider  the  charac- 
ter ihat  that  very  man  has  ^ivrn  to  my  client ; 
fur  Uie  same  xviinpss  gi'res  you  an  account  of 
\m  l^eliaviotir  aU  al  ^n^i^  lhat  be  was  not  given 
10  raKh  atnl  barhju-ous  actions,  nor  guihy  i>f  any 
malicious  ihinjr  ;  nay,  that  he  prevcntpd  mis- 
chi^i',  and  the  kdliug  of  people  in  cohl  bh»od. 
We  must  leave  it  to  the  jtiry's  coosid  era  lion, 
and  your  lordship*s  direction*  All  these  I h inert 
thai  they  say  may  be  hue,  and  Lowick  be  not 
jjndty  ;"ftnd  the  acquitting  of  Mr,  L'mick  will 
be  no  rcflecttoa  upon  the  wiinvsteti  nor  any 


I 


I 


I 


299J  S  \V1LLIAM  ITL 

iliscreilit  lo  thi^  te?itmnniy  that  has  l>efeti  ^wen 
of  this  coi]8}Mrac^  ;  but  we  hope  it  is  iioing^ 
justice  to  this  iiiuu,  the  VFitne&ses  not  €ouuii|f 
up  to  the proiirui*  what  is  laid  in  th«  imtictment* 
We  niusl  bc^  vour  lonkhipN  paiietire  ;i  lillle 
long^er,  and  call  sinnv  Witnesses  tu  ^ivf  you  an 
sccou[ithowlon<^  ihey  have  knovvu  Me,  Ltiwick, 
and  what  lu^  real  character  i&  ;  they  uill  U'll 
you  he  Ls  a  peaceable^  gomi  niiiii,  and  shevi'  you 
that  his  temper  and  iiicltnatiim  wua  rather  to  u 
sober,  i|niet  lite,  than  lu  lead  him  to  sorb  ac- 
tion, aud  titat  tbey  cannot  thjnk  him  likely  to 
be  tempted  to  be  concerned  in  such  a  desii^n  ; 
and  th«u  we  mtxst  leave  it  to  the  jury.  Call 
Airs.  Yorke. 

Lowtck.  I  beheve  I  hero  is  noWdy  here  that 
knows  me,  but  uill  i^ive  tne  that  chiiractetv 
[Mrs.  Yorke  cacne  in,  and  was  sworn.] 

Sir  B,  Shower,  Pray,  Mrs.  Yorke,  how  long 
bave  you  knnwn  Mr.  L'nvick  ? 

Yorke.  About  a  d'tzen  or  Iburteen  years, 
t^r  B.  8/tower.    What  aort  of  du^poaitioo  is 
he  of? 

Yorke*    He  is  a  civil,  honest  mao  as  ever  I 

saw  in  my  Jife,  or  ever  knew  of ;    and  I  never 

heard  other wiiie  from  any  one  that  knew  him. 

air  B.  Shoa-er,  Wbal  was  he  in  his  actions? 

Was  hemahciouSf  org^ood-natured  i* 

Yorke.  As  ^od  a  natured  man  as  ever  f  saw. 
Mr.  Moinpesmm.  Hik^i  he  the  reputuiiuu  of  a 
erueU  bloody-minded  man? 

Yorke.  Uuile  the  contrary.  He  lodged  in 
my  bouse  half  a  year ;  it  is  not  quite  u  ye>ir  a|Jpo 
since  he  Jay  at  my  hou94.'«  He  was  the  most 
obliging  man  that  ever  hy  in  my  house.  He 
was  iO  civil  to  m)I  the  lodgers,  \hsit  they  ad- 
mired him  for  bii^i  goodness,  and  made  Ihem  in 
lore  with  him< 

X.  C,  J.  How  came  he  to  lodge  at  your 
bouse  ? 

Yorke.  He  came  from  his  other  laadlmly  j 
Uiey  could  not  agree  ;  his  other  lanillady  was 
a  sjort  of  a  kIitl-Wj  and  tli€rth>i'i'  lie  dii)  not  cure 
for  atajinj^  there  ;  and  I  dt»ircd  his  comjianyt 
becHUiie  I  knew  liim  to  be  so  obliging  and  ci\  ii 
a  man. 

i.  C.  J.  Where  is  your  bouse  T 
Yorke.  In  Bioomshury. 
X,  C.  X  What  in  his  way  of  liiriwg  ?  la  he  a 
man  of  an  estate  ? 

Yorke.  I  cannot  tell ;  I  did  not  enquire  into 
tbftt. 

L*  C,  J*  Had  he  no  employment  to  get  his 
living  by  f 

'  Yorke.  I  ih  not  know  any  tliing  of  that ;  I 
never  enciuired  into  it ;  he  paid  me  very  ho- 
nestly fiir  mv  lod|^ii);f,  and  he  is  a  very  good 
tuaOf  for  any  thin;;  I  know. 

8ir  B.  Shooter.  Then  call  Mr^.  Mosely.  [She 
came  in,  and  was  sworn.] 

L.  C.J.  Well,  what  do  you  ask  ibis  gentle- 
woman? 

Sir  B  Shau'cr.  Pray,  Mrs.  Mosely »  will  you 
toll  my  lord  nod  llie  jury,  do  vou  know  Jilr. 
Lowick  ? — AIohI^.  Yes,  Sir,  1  do. 

Itjir  B.  Shower.  How  long  have  you  known 
lum?*-«J£ofc/y*  Near  twenty  years. 


J  Trial  ofRoigft  Lowid, 


0 


Sir  B.  ShoTitr*    Pray  give  an  account,  u, 
your  knowledge,  wh.it  disposition  aad  teiu^^ 
he  is  of,  whether  he  is  rash,  tualicious,  bloody, 
and  ill-natured. 

Mo$eh/.  He  is  a  peaceable,  tirtuous, 
rnan,  and  a  n^an  that  I  never  heard  or  saw  tl 
creature  thftt  could  speak  any  ill  thing  of  hi 
in  my  life  ;  nor  1  never  heard  him  spt^ 
thing  irmliL'ionsly  of  any  creature  in  my  " 
di>  iJiL'ui  a  prejudice :  so  far  from  that^ 
is  a  man  has  a  character,  perhaps,  abo 
man  that  1  could  speak  or  bear  of  in  my  Iif« 
tipeak  it  even  above  my  own  relatimis  ; 
may  have  Nome  pas2iions ;    but  I  never 
gentleman  m  a  passion  in  my  life, 
lain  in  my  house  several  times,  and  h*r  has 
company  come  to  hiro,  but